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THE 


American  Settler's  Guide: 


^  A   POPULAR   EXPOSITION 


OF   THE 


PUBLIC  LAND  SYSTEM 


OF  THE 


UNITED  STATES  OF  AMERICA. 


BY 

HENRY   N.    COPP. 

Editor  of  Copp's  Public  Land  Laws,  (J.  S.  Minlng^  Decisions,   U.  S.  Mineral  Lands,  Hand-Book 
of  Mining  Law,  American  Mining  Code,  and  Qopp's  Land  Owner. 


•J/-^     ot'  'ma — ^^ 

university; 

PUBLISHED  BY  THE   EDITOR, 

WASHINGTON,  D.  C 

1886. 


Note. — The  references  in  this  book  to  Copp's  Public  Land  Laws  are  to  the 
work  issued  in  1S75.  The  Land  Own^r  references  herei  11^  from  Vols.  2.  to  <S 
inclusivie,  may  be  found  in  Copp's  PaHic  Land  Laws,  1882,  by  means  of  the 
List  of  Cases  in  that  work. 


ci^'y 


Copyright, 

By  henry  N.   COPP, 

1886. 


:2^S 


fd; 


INQUIRER  P.  k  P.  CO., 

STEREOTYPERS  AND  PRINTHK^, 

LANCASTER.  PA. 


TABLE  OF  CONTENTS. 


CHAPTER   I. 

EXPLANATORY. 


I.  Public  and  Private  Lattds 7 

a.  Laiicls  not  Public 7 

b.  Public  Lands. 7 

c.  Kinds  of  Public  Lands 7 

IL  Several  Terms  Explained. S 

a.  Public  Sale 8 

a.  Private  Sale,  Private  Entry,  and  Location S 

c.  Offered  ami  Unoffered  Lands S 

d.  Minimum  and  Double  Minimum  Lands 

IIL    What  will  Pay  for  Lands  .    . 

a.  Cash  Purchases. -j 

b.  Location  with  Warrants lo 

c.  Agricultural  College  Scrip lo 

d.  Supreme  Court  Scrip lo 

e.  Lidemnity  Land  Scrip 1 1 

K  Revolutionary  Bounty  Land  Scrip 1 1 

/."Certificates  of  Deposits • ii 

/i^  Other  Kinds  of  Scrip ii 

IV.  Citizenship i ; 

V.  Presentation  of  Appeals i- 

VL  Ho-dj  Much  Land  One  Person  Can  Take 14 

VII.    What  An  Agent  Can  Do  ... 1 1 

CHAPTER   II. 

UNITED  STATES  SYSTEM  OF  SURVEYS. 

How  to  FiuJaTract  of  Land. 15 

How  Townships  are  Numbered i) 

How  to  Tell  Corners 1 J 

Manner  of  Establishing  Comers  by  Posts lo 

Diagram  Illustrating  Public  Surveys 17 

Notching  Corner  Posts i.^ 

Bearing  Trees 19 

Corner  Stones 19 

Mounds 20 

Double  Comers 2i 

Instructions  for  Surveys  since  1864 21 

Meandering  Navigable  Streams 11 

.Surveys  Made  at  Expense  of  Settlers 

How  to  Subdivide  Sections 

Re- establishment  of  Lost  Corners 2j 

CHAPTER  IIL 

HOMESTEADS. 

I.  Homesteads  in  General 25 

a.  Application  and  Entry 25 

Adjoining  Fann  Entries 27 

Additional  Entries,  Law  of  1879 27,  64 

Indian  Homesteads  .....' 2S 

Rulings  of  the  Land  Department  .....        2.-',  54 

^.Residence  and  Cultivation .  30,57 

,.  AmendraeiU  ....«,.. J^j  5^ 

Application  for  ChaAge  of  Entiy 3  J 

(iu) 


ly  TABLE  OF  CONTENTS. 

rAGB. 

y.  Final  Proof  and  Commutation » 34,  58^ 

Notice  of  Intention • 54 

Proof  of  Publication 35. 

Homestead  Proof .35 

Who  Shall  Make  Final  Proof • 38^ 

/.  Abandonment , 39 

Rulings .^ 40,  60 

/.  Relinquishment 41,  61 

IL  Soldiers*  and  Sailors'  Homesteads    .    .    .    .    , 42 

a.  Original  Entries 42 

How  to  Proceed 43 

Rulings 44 

b.  Additional  Entries 46" 

Rulings 47 

in.  Special  Relief ^ 

Acts  of  May  14,  1880,  June  15,  1880,  June  16,  1880,  etc 49>  64 

CHAPTER  IV. 

PRB-KMPnONS. 

Homestead  and  Pre-emption  Privileges  Compared 66 

I.  Pre-empHon  Claims 66 

a.  Who  are  Qualified  Pre-emptors 67,  76 

b.  Settlement  and  Filing 67,  75, 

Rulings 67 

c.  Residence  and  Improvements 69,  78- 

Rulings 69 

d.  Proof  and  Payment 70 

Rulings 73,  79 

/.  Sale  and  Forfeiture 74 

Rulings 74,  79 

II.  Pre-emption  Homesteads 74 

Rulings ^»  75 

CHAPTER  V. 

TIMBER   CULTUILK. 

tf.  Who  May  Apply,  and  for  What  Kind  of  Land 81 

Rulings 81,  86,  93 

b.  Application,  Entry  and  Proof 82 

Rulings 82,  86,  93 

<.  Contest  and  Cancellation 85 

Rulings 85*  87.  95 

d.  Tmal  Proof 87,  95 

CHAPTER  VL 

JbOSCELLANBOUS. 

I.  Town-sites 97 

II.  Railroad  Grants 99 

a.  Homestead  and  Pre-emption  Claims  in  General 99 

b.  Relinquishment  in  Favor  of  Settlers 100 

c.  Confirmation  of  Pre-emptions  and  Homesteads 100 

III.  State  Lands lOI 

IV.  Private  Land  Claims loi 

V.  Indian  Lands 102 

VI.  Mines  and  Mineral  L^nds , 102 

VIL   Coal  Lands 102 

VIII.  Stone  and  Timber  Landt 106 

IX.  Saline  Lands 107 

X.  Desert  Lands 108 

CHAPTER   VII. 

WHERE  TO   SETTLE. 

I.  List  of  United  States  Land  Officers 115 

II.  List  of  State  Land  and  Immigration  Officers I16 

III.  List  of  Railroad  Land  Commissioners  and  Agents I17 


GENERAL  INDEX. 


PAGS. 

Abandonment,  of  Homestead 39 

"     Pre-emption 74 

"     Timber  Culture  Claim 85 

Absence,  on  Account  of  Grasshoppers,  etc 4 

Additional  Entry — Soldiers*  and  Sailors' 4^ 

Under  law  of  March  3,  1879 27 

Adjoining  Farm  Homesteads 27,  37 

Agricultural  College  Scrip lo 

Lands 7 

Alien — See  Citizenship 12 

Amendment  of  Entries 3^ 

Appeals 13 

Application  Under  Homestead  Lawrs 25 

Timber  Culture  Law 82 

Bounty  Lands — See  Military  and  Revolutionary  Bounty  Land  Warranis  and  Scrip    .    .  10,  1 1 

Cancellation,  of  Homestead  Entry 39 

Timber  Culture  Entry 85 

Cash  Entry  or  Purchase 8,  9 

Chippewa  Scrip 12 

Citizenship 12 

City 97 

Coal  Lands 8,  102 

Commutation  of  Homestead  Entries 30>  37 

Contest  of  Homestead  Entries 39 

Timber  Culture  Entries 85 

Corners,  How  to  Tell 1 

Manner  of  Establishing 16,19,2! 

Cultivation  of  Homesteads 3*^ 

Pre-emption  Claims , 69 

Declaratory  Statement — See  Pre-emption  and  Soldiers'  Homesteads 42,  66 

Desert  Lands 8,  108 

Double  Minimum  Lands — Term  Explained 9 

Drought— Relief 48 

Entrj'— Homestead 25,  27,  42,  46 

Pre-emption 66,  70 

Ordinary  Private 9 

Timber  Culture 81 

Fees— For  Homestead  Entry 26 

Pre-emption  Entry 66 

Private  Entry 9 

Timber  Culture  Entry 81 

Final  Proof— See  Proof 35.  7i.  82 

Foreigner — See  Citizenship 12 

Forfeiture  of  Pre-emption  Right 74 

Grants — Private lOi 

Railroad 102 

Grasshoppers — Relief 48 

Hearing— See  Contest 39.  84 

Homesteads — Chapter  HI 25 

Pre-emption 74 

vs.  Railroads 99 

Immigration  Officers ^^^ 

Indians — Homesteads 28 

Reservations 102 

Indemnity  Scrip 11 

Laud  Officers  of  United  States 1 1 5 

(V) 


vi  GENERAL  INDEX. 

PACT?. 

:«.  hand  Officers J15 

.,.c.Le  Land  and  Immigiation  Officers  . ri6 

Railroad  Land  C^ommissioners  and  Agents  ,  .  117 

]  ncation 8,  1  o 

Meandering  of  Streams 22 

Mexican  Grants loi 

Military  Bounty  I^and  Warrants , 10 

Mineral  Land 8,  102 

Minimum  Land 9 

Oflered'Land     ......'..... 8 

()rii:^inal  Entry^ — Soldiers'  and  Sailors' ^2 

Foi-terficld  Warrant 12 

I're-emption  Claims 66 

IToiiie.'^teads  ...  74 

■i's.  Railrc^ads 99 

Private  Entry"    .'.'.." 8 

'     'Land . 7 

j.and  Glaims lOi 

Land  Scrip' (Supreme  Co'.nt  Scii; 10 

Sale'  ..:..•. 8 

Proof — Iloniest^ad 34 

Pre-emiptioh 70 

1  imbcr  Culture 87 

Publication — Notice  of  Final  Proof .,,...     34 

Public  Land 7 

Sale 8 

Railroad  Grants 99 

Land  Commi.'sioners  and  Agents 117 

Relief,  Special 48 

Relinqnishment— Homestead 41 

]'re-emption 74 

Timber  Culture 89 

Residence  on  Homestead 30 

IVe-emption  Claim 69 

Revolutionary  Pounty  Land  Scrip Ii 

River? 2Z 

School  Sections loi 

Sale— Public 8 

Private 8 

of  Homestead  Claim 39 

**    Pre-emption     "        74 

Saline  Lands • 8,  107 

Scrip  of  Various  Kinds 9,  10,  11 

Sections — Plow  to  Subdivide 2;^ 

liow  Numbered 16 

To  Restore  Lost  Corners  in 23 

Soldiers'  Homesteads,  Original 42 

Additional 46 

Certificates .12 

vState  Selections loi 

Land  Commissioners «... 115 

Set':lement 66,  113 

Stone  Lands 8,  106 

Surveys 15 

Timber  Culture  Entries   .    .  ■ 81 

l>ands 8,  106 

Townships — Plow  Numbered 16 

Townsites 97 

Trees,  Rearing 19 

Unoffered  Lands 8 

Valentine  Scrip , 12 

^^'^arrants ,    .  ^    i.c.. 


American  Se  , .  i.ER'S  Guide 


CHAPTER    I 

EXPLANATORY. 


I.,  Public  and  Private  Lands. 


All  real  estate  in  the  United  States  is  either  public  or  private, 

a.    LAXDS   NOT   PUBLIC. 

IMvate  lands  are  owned  by  private  persons  or  corporations,  the  titles  being  derived  from  the 
General  Government  or  from  a  Foreign  I'ower.  Titles  derived  from  foreign  governments  are 
protected  by  t:-eaty,  and  are  either  complete  or  inchoate.  Complete  titles  need  no  further  action 
on  the  part  of  the  United  States.,  whereas  inchoate  (incomplete)  titles  usually  require  examina- 
tion, sur^•eY,  and  patent  (*). 

To  distinguish  them  from  government  lands,  the  tracts  donated  to  the  several  States  by  tiie 
United  States,  or  obtained  otherwise  as  in  Texas,  are  called  State  lands  (*),  and  are  not  subject 
to  disposal  under  the  land  laws  of  the  United  States. 

b.    PUBLIC   LANDS. 

All  lands  owned  by  the  United  States  are  public  lands,  though  usually  those  only  are  so 
termed  which  are  for  sale  or  other  disposal  by  the  Government  under  general  laws  (").  In  thi« 
latter  sense  the  term  wnll  be  used  throughout  this  book.  The  public  lands  are  within  the  Statej 
of  Alabama,  Florida,  Illinois,  Indiana,  Michigan,  Mississippi,  Ohio,  Wisconsin,  and  all  the 
States  and  Territories  west  of  the  Mississippi  River,  except  Texas,  Alaska^  and  the  Indian  Ter- 
ritory. In  phio,  Indiana,  and  Illinois,  but  little  public  land  is  to  be  foimd,  and  this  is  for  sale 
at  the  General  Land  Office  in  Washington.  The  other  public  land  States  and  Territories  are 
divided  into  districts,  in  each  of  which  is  a  land  office  with  two  officers  in  attendance,  one 
called  the  Register,  and  the  other  the  Receiver.  These  officers  act  as  agents  or  salesmen  for 
the  Government,  and  if  the  sales  made  by  them  are  approved  by  the  Commissioner~of  the 
General  Land  Office,  patents  for  the  lands  are  issued  to  the  purchasers.  A  list  of  all  exist- 
ing local  land  offices  will  be  found  in  Chapter  VII. 

C.   KINDS   OP   PUBLIC   LANDS. 
I.  AgricUlttiral  Lands  are  those  that  will  produce  agricultural  crops.     These  are  disposed 
of  under  tife  Homestead,  Preemption,  and  Timber  Culture  laws,  and  those  relating  to  Public 
Sale  and  Private  Entry.     Grazing  lands  can  be  purchased  at  public  sale  and  private  entry  («). 

(*)  A  land  patent  is  the  written  document  through  which  the  United  States  transfers  to  a  private  part^-,  cor- 
poration, or  State,  all  its  right  and  title  in  the  land  described.  It  is  signed  by  the  President,  countersigned  by 
the  Recorder  of  the  General  Land  Office,  and  sealed  with  the  seal  of  that  Office.     It  is  the  Government's  deed. 

(*)  For  the  purchase  of  State  lands,  see  Chapter  VI. 

(')  Newhall  v.  Sanger,  Land  Owner,  Vol.  3,  p.  30. 

(*)  A  law  has  just  passed  opening  Alaska  to  limited  settlement. 

(•)  Provided  they  are  "offtrci,"  otherwise  such  lunds  are  subject  to  entry  as  agricultural  lands. 


8  THE  AMERICAN  SETTLER'S  GUIDE. 

2.  Desert  Lands  are  such  as  will  not  produce  crops  without  irrigation  or  an  artificial  supply 
of  water.  These  lands,  in  the  States  of  California,  Oregon,  and  Nevada,  and  in  the  Terrilorifis 
of  Wasliington,  Idaho,  Montana,  Utah,  Wyoming,  Arizona,  New  Mexico,  and  Dakota,  can  be 
purchased  under  the  Act  of  March  3,  1877.     See  Chapter  VI. 

3.  Timber  Lands  are  those  not  fit  for  cultivation,  but  valued  for  the  timber  growing  upon 
them.  The  timber  lands  in  Cahfomia,  Oregon,  Nevada,  and  Wasliington  Territory,  are  for 
sale  under  the  law  of  June  3,  1878.     See  Chapter  VI. 

4.  Stone  Lands  are  those  areas  valued  for  the  stone  they  contain,  and  are  for  sale  under  the 
same  act  of  Congress  as  the  Pacific  Coast  timber  lands. 

5.  Coal  Lands  are  the  lands  valued  for  the  deposits  of  coal  therein.  They  may  be  bought 
under  the  Coal  Act  of  March  3,  1873,     See  Chapter  VI. 

6.  Mineral  Lands  are  those  tracts  which  are  more  valuable  for  the  metals  or  other  min- 
erals tliey  embrace  than  for  agricultural  purposes.  These  lands  may  be  secured  under  the 
mining  laws,  except  coal  and  stone  lands,  which  are  sold  under  separate  acts  of  Congress.  Sec 
Chapter  VI. 

7.  Saline  Lands  are  lands  whereon  salt  springs  are  found.  The  act  of  January  12,  1877, 
under  which  salines  can  be  bought,  is  very  restricted  in  its  operations.  It  does  not  apply  to 
any  lands  in  the  Territories,  nor  within  the  States  of  Mississippi,  Louisiana,  Florida,  California, 
and  Nevada.     See  Chapter  VI. 

These  are  the  several  classes  of  public  lands  recognized  by  and  for  sale  under  tlie  laws  of 
Congress.  They  cannot  be  sold  under  any  state  law,  and  state  courts  have  no  authority  on  the 
question  of  title  to  them  until  after  a  patent  has  issued.  They  cannot  be  taxed,  though  the 
settler's  improvements  thereon,  having  the  character  of  personalty,  may  be.  The  settler  should 
not  delay  securing  his  patent  because  he  wishes  to  save  taxes.  There  is  too  much  risk  of  losing 
all  his  improvements  by  some  other  party  seeking  title  to  the  same  tract  of  land. 

II.   Several  Terms  Explained. 
The  following  expressions  are  often' used  : 

a.   PUBLIC  SALE. 

A  public  sale  %i  lands  is  an  auction  sale.  When  large  bodies  of  larid  are  to  be  sold,  a 
proclamation  is  issued  in  the  President's  name,  describing  the  tracts  and  stating  the  time  and 
place  of  sale.  When  only  a  few  isolated  tracts  of  land,  not  embraced  in  the  regular  procla- 
mations, are  to  be  disposed  of,  a  notice  to  that  effect  is  published  in  a  newspaper  in  the 
vicinity. 

The  land  is  sold  to  the  highest  bidder  for  cash  only,  which  must  be  paid  on  the  same  day. 
There  are  few  public  sales  at  the  present  time,  as  the  policy  of  the  Government  is  to  encourage 
pre-emption  and  homestead  settlement  and  timber  culture.  A  man  who  buys  land  at  public 
sale  is  not  compelled  to  settle  on  or  cultivate  it.  "^ 

b.   PRIVATE  SALE,  PRIVATE  ENTRY,  AND   LOCATION. 

These  three  terms  mean  nearly  the  same.  Where  lands  are  offered  at  Public  Sale  and 
nobody  bids  for  them,  they  may  be  bought  at  any  time  thereafter  at  the  local  land  office,  if  not 
withdrawn  in  the  meantime  from  market  or  reserved  for  some  purpose.  TJiis  is  called  a  private 
sale  or  entry,  or  when  the  tract  is  paid  for  by  a  Warrant  or  Land  Scrip  it  is  called  a  location. 
In  case  a  tract  is  withdrawn  from  market  in  consequence  of  an  entry  after\vards  cancelled  fw 
any  reason,  or  through  erroneous  marks  on  tlie  books  of  the  district  office,  it  is  not  again  sub 
ject  to  private  entry  until  restored  by  public  notice  of  at  least  thirty  days. 

C.   OFFERED  AND  UNOFFERED  LANDS. 

Offered  lands,  as  may  be  supposed  from  the  previous  statements,  are  those  that  have  been 
advertised  or  proclaimed  for  sale,  but  which  were  not  then  sold.  If  not  withdrawn  or  re- 
served, they  remain  open  to  private  entry  or  location. 

Unoffered  lands  are  sucli  as  \\'ere  iie\er  offered. 


THE  AMERICAN  SETTLER'S  GUIDE.  9 

■     d.  MINIMUM  AND  DOUBLE  MINIMUM  LANDS. 

These  terms  refer  to  the  price  of  lauds.  Minimum  (lowest)  priced  lands,  when  sold  at 
Private  entry  for  cash,  bring  one  dollar  and  twenty -five  cents  an  acre ;  and  this  is  the  lowest 
vice  they  are  allowed  to  be  sold  for  at  public  sale. 

Lands  within  railroad  limits  are  supposed  to  be  more  valuable  on  that  account,  and  are  rated 
at  two  dollars  and  fifty  cents  an  acre.  They  are  consequently  called  double-minimum  lands. 
{See  act  of  June  15,  1880  for  reduction  in  price  of  certain  lands.] 

Under  some  circumstances,  as  in  case  of  a  withdrawal  for  railroad  purposes,  the  reserved 
sections  being  enhanced  in  price,*i%quire  under  the  law  thatHhey  should  be  re-offered  at  the 
enhanced  or  double-minimum  price  before  being  subject  again  to  private  entry. 

III.  What  Will  Pay  for  Lands. 

Lands  bought  at  private  entry  may  be  paid  for  wath,  i,  Cash:  2,  Military  Boimty  Land 
Warrants:  3,  Agricultural  College  Scrip:  4,  Supreme  Court  Scrip:  5,  Indemnity  Land  Scrip: 
6,  Revolutionary  Bounty  Land  Scrip :  7,  Certificates  of  Deposits. 

Valentine  Scrip,  Porterfield  Scrip,  Several  Private  Act  Scrips,  Sioux  and  Chippewa  Indian 
Scrips,  and  Soldiers'  Additional  Homestead  Certificates,  will  pay  for  such  lands,  but  as  they 
-can  also  be  located  on  uA^ffered  tracts,  and  some  of  them  even  on  unsurveyed  lands,  tliey 
sell  for  several  dollars  an  acre.  As  the  only  object  in  using  warrants  or  scrip  for  private  entry 
or  location  is  that  they  can  be 'bought  of  private  dealers  for  less  than  one  dollar  and  twenty 
five  cents  per  acre,  the  minimum  price,  the  high-priced  scrips  are  never  used  for  private  entry 
or  location. 

a.   CASH   PURCHASES. 

The  applicant  will  first  present  a  written  application  to  the  Register  for  the  district  in  which 
the  land  desired  is  situated,  describing  the  tract  he  wishes  to  purchase,  giving  its  area  in  the 
following  form  : 

'*  CASH     APPLICATION. 

No. .  Land  Offick  at , 

{Date) ,  i&— . 

I,  of county,  ,  do  hereby  apply  to  purchase  the of  section  ,   in  township 

,  of  range ,  containing  — acres,  according  to  the  returns  of  the  surveyor  general,  for  which  1 

^ve  agreed  with  the  Register  to  give  at  the  rate  of per  acre. 

(Applicant's  name) . 

I, ,  Register  of  the  land  office  at ,  do  hereby  certify  that  the  lot  above  described  contaiw 

acres,  as  mentioned  above,  and  that  the  price  agreed  upon  is per  acre. 

,  Regiiier. 

Thereupon  the  Register,  if  the  tract  is  vacant,  will  so  certify  to  the  Receiver,  stating  the 
price,  and  the  applicant  must  then  pay  the  amount  of  the  purchase  money. 

The  Receiver  will  then  issue  his  receipt  for  the  money  paid,  giving  to  the  purchaser  a  dupli 
cate  or  copy  of  the  receipt  as  follows : 

CASH    RBCBIPT. 

No. .  Receiver's  Office  at , 

{Date) ,  i8— . 

Received  from ,  of county, ,  the  sum  of dollars  and cents;  being  in 

full  for  the quarter  of  section  No. ,  in  township  No. ,  of  range  No. ,  containing acres 

and hundredths,  at  % per  acre.  ,  Receiver. 

At  the  close  of  the  month  the  Register  and  Receiver  will  make  returns  of  the  sale  to  the 
General  Land  Office  at  Washington,  from  which,  when  the  proceedings  are  found  regular,  a 
patent  or  complete  title  will  be  issued. 

"WTien  patents  are  ready  for  deliveiy,  they  vnll  in  all  cases  be  transmitted  to  the  local  office 
where  the  location  or  entry  was  made,  where  they  can  be  obtained  by  the  party  entitled 
thereto,  upon  surrender  of  the  duplicate  receipt,  or  certificate,  as  the  case  may  be ;  unless  the 
duplicate  shall  have  been  presnously  filed  in  the  General  Land  office,  with  a  request  that  the 
patent .  be  delivered  to  a  certain  party,  or  sent  to  a  specified  place.  In  no  case  >vill  the  patent 
be  delivered  either  from  Washington  or  the  local  office  except  upon  receipt  .of  such  duplicate, 
or,  in  case  of  its  loss  from  any  cause,  upon  the  filing  of  an  affidavit  made  by  the  present 
bona  fide  owner  of  the  land,  accounting  for  the  loss,  and  also  showing  ownership  of  the  tracts 
or  a  portion  thereof  embra  ced  in  the  patent. 


10  THE  AMERICAN  SETTLER'S  GUIDE. 

Eormer]}-,  when  tlie  duplicate  was  duly  assigned  by  the  locator,  by  a  valid  transfer  in  accord 
ance  with  the  laws  governing  transfer  of  real  estate  in  the  State  where  the  land  is  situated, 
such  assignment  was  recognized  and  patent  issued  accordingly,  ])rovided  the  duplicate  with  the 
assignment  thereon  was  filed  in  the  General  Land  Office  prior  to  the  issuing  of  patent ;  but  in 
\o  case  will  a  patent  l>e  issued  hereafter  to  an  assignee.  Ufiless  the  law" governing  thfe  entry  in 
question  contains  an  exjiress  provision  for  the  issuance  of  patents  to  assignees.  Transfers  of 
this  kind  must  In  all  cases  comj^ly  strictly  ^^*itih  the  law  of  the  place,  and  if  the  assignor  be  a 
married  man,  and  the  statute  requires  the  wife  to  j>^in  in  the  deed,  it  must  be  complied  with, 
and  in  case  of  failure  in  this  or  other  vital  j)oint,' the  pj^tent  will  issue  only  in  the  name  of  the 
Driginal  purchaser. 

/>.    LOCATIONS  Wl  i  . .    ^> . ^ ..  .V  ■•.  .^  .  .^. 

Military  Bounty-Land  Warrants  are  issued  by  the  Commissioner  of  I'ensions  for  services  in 
the  several  wars  before  1855.  .  J»Jo  warrants  are  issued  for  services  during  the  late  civil  war. 
These  warrants  call  for  40,  60,  80,  120  or  160  acres  of  land,  and  being  assignable  can  l>e 
located  by  a  pureliaser.  Warrants  and  the  several  kinds  of  scrip  should  be  bought  only  of 
res]X)nsible  dealers,  -v^alh  a  written  guarantee  that,  in  case  of  error  in  the  assignment  or  other 
defect,  or  occasional  forgtjy; the  settler  will  not  lose  anything  there'ny.  Ihe  market  price  of 
warrants  is  from  $\  .00  to  $1.20  per  acre. 

Application-  must  be  made  as  in  cash  cases,  Init  must  1)e  accomj^anied  by  a  warrant  duly/- 
assigned  as  the  consideration  for  the  land;  yet  where  the  tract  is  $2.50  peif-acrCj  the  party,  in 
addition  to  the  surrendered  warrant,  must  pay  in  ras//  $1.25  per  acre,  as  the  warrant  is  in  satis- 
faction of  only  so  many  acres  at  $1.25  per  acre,  or  furnish  a  warrant  of  such  denomination  as 
will,  at  the  legal  value  of  $1.25  per  acre,  cover  the  rated  price  of  the  land.  For  example:  a 
tract  of  40  acres  of  land,  held  at  $2.50  per  acre,  can  be  paid  for  with  a  warrant  calling  for  40 
acres  and  the  payment  of  $50  in  cash,  or  by  surrendering  an  eighty-acre  warrant  for  the  same 
— the  40  acres  to  be  in  full  satisfaction  for  the  said  location.  Or  a  tract  of  80  acres,  rated  at 
$2.50  per  acre,  can  be  paid  for  by  the  surrender  of  two  eighty-acre  warrants.  If  there  is  a 
small  excess  excess  in  the  area  of  the  tract  over  the  quantity  called  for  on  the  face  of  the  war 
rant  in  any  case,  such  excess  may  be  paid  for  in  money. 

A  du})licate  certificate  of  location  will  then  be  furnished  the  party,  to  be  held  until  the 
patent  is  delivered,  as  in  cases  of  cash  sales. 

The  following  fees  are  chargeable  by  the  land  officers,  and  must  be  /<2zV  of  the  time  of 

iocafum  : 

For  a  40-acre  warrant,  50  cents  each,  to  the  Register  and  Receiver — total,  $1.00. 
For  a  60-acre  warrant,  75  cents      "  "  , "  "        1.50. 

For  an  80-acre  warrant,  Jioo         "  "  "  "        2.00. 

For  a  i2o-acrewarrant,5Ri.5o  "  "  "  "        3.00. 

Fora  160-acre  warrant,$2.o(?  "  "  "  "        4.00. 

C.    AGRICULTURAL  COLLEGE  SCRIP. 

This  scrip  was  issued  under  the  Act  of  Congress  of  July  2,  1862,  for  the  establishment  of 
Agricultural  Colleges.  There  is  verj'  little  of  it  now  in  market,  and  it  is  valued  about  the 
same  as  warrants.  The  manner  of  proceeding  to  acquire  title  with  this  class  of  paper  is  the 
same  as  in  Cash  and  Warrant  cases,  the  fees  to  be  paid  the  land  officers  being  the  same  as  on 
warrants.  Only  three  sections  in  each  township  and  one  million  acres  in  any  one  state  can  be 
located  at  private  entry  with  this  scrip.  It  is  restricted  in  this  class  of  entries  to  a  technical 
"quarter-section,"  that  is,  land  embraced  by  the  quarter-section  lines  indicated  on  the  official 
plats  of  survey;  or  it  may  be  located  on  a  part  of  a  "quarter-section"  where  such  part  is 
taken  as  in  full  for  a  quarter;  but  it  cannot  be  applied  to  different  sub-divisions  to  make  ar 
area  equivalent  to  a  quarter-section. 

d.   SUPREME  COURT  SCRIP. 

This  scrip  is  issued  by  the  General  Land  Office,  imder  decrees  of  the  United  States 
Supreme  Court,  pursuant  to  Acts  o?"  Congress,  to  satisfy  land  claimants  in  Florida,  Louisiana 
and  Missouri,  whose  land  has  been  sold,  or  otherwise  disposed  of,  by  the  government.     At 


,..-..    -^..,.  ..  ............le'only  uf>on  minimum   y.  —  3^ a..c  law  autliorizes 

collected  Ihereon  by  the  local  officers.     The  market  price  is  ^i.K  to  ^1.20  per 

ler  the  scrip,  and  make  application  according  tc 

the  following  loij;. 


ACi  - 


I'  rr.iSTER  AND  Rkceutci 

No -.  . 

Scrip  issued  by  virtue  of  a  decree  rciidccJ  on  the fiay  of ,  Ly  tljc  Supreme  Court  of  the  United 

ates,  for  the  claim  of or legal  representatives. 

1, ,  hereby  apply  to  locate  with  the  above-dcscrihe  !  rcrtificr-.te quarter  of  Section  No. 

— -,  in  Township  No. ,  of  Range  No. ,  containing district  of  lands  subject  to  snl* 

Witness  my  hand  this day  of .  A.  D.,  1S8 — . 

Attest :  .  CApplicant.) 

,  Re^sier. 

.  Eecei-.er. 


A  c.r. :;-..'  •-  duplicate  or  copy  being  gi\ 

1  be  held  L;  f  title  Uiiiil  the  patent  shall  be  issued  : 

ACTS  OF  Jl>  /"  "'  JirXE    10,   1S72. 

Certificatb  of  Entry.  V 

Rbgister  No. .         J  Register's  Office, 

At , ,  i83— 

I  certify  that  certificate  of  location,  No   ,  f^r acres,  issued  by  virtue  of  a  decree  rendered  on  tie 

d.iy  of ,  by  the  Supreme  Court  ol  the  United  States,  has  this  day  been  located  by on 

e quarter  Section  No. ,  in  Township  No. ,  of  Range  No.  — —,  containing acres. 

,  Register. 

e.   INJ^ilNITY  LAND  SCRIP 
These  certificates  of  location,  issued  under  the  act  of  June  2,  185S,  are  used  precisely  in 
the  same  manner  as  the  Supreme  Court  scrip.     The  application  and  certificate  are  the  same 
with,  a  fevc  verbal  changes. 

/.    REVOLUTIONARY  BOUNTY  LAND  SCRIP. 

This  scrip  is  issued  by  the  General  Land  Office  in  satisfaction  of  Virginia  land-warrants.  It 
is  "  receivable  in  payment  of  any  lands  owned  by  the  United  States  subject  to  sale  at  private 
entry,"  and  can  be  applied  at  the  rate  of  $1.25  per  acre,  in  the  same  manner  as  money,  in  all 
cases  where  the  tract  applied  for  contains  the  area  specified  in  the  scrip,  or  more ;  where  it 
contains  less,  the  excess  of  the  scrip  cannot  be  refunded  in  money,  but  may  be  donated  in  the 
relinquishment  as  applicable  to  any  other  tract.     There  is  very  little  of  this  scrip  in  the  market. 

g,    CERTIFICATES   OF   DEPOSIT. 

As  set  forth  on  page  22,  settlers  may  have  their  lands  surveyed  in  advance  of  the  regular 
surveys  by  depositing  the  amount  necessary  therefor.  The  certificate  (triplicate)  may  be 
assigned  by  the  settler  if  not  used  in  payment  of  his  o\^^^  land,  and  the  assignment  need  not  be 
sworn  to,  but  simply  indorsed  on  the  certificate.  These  triplicate  certificates  are  receivable  from 
any  person  in  payment  for  lands  taken  under  the  preemption  and  homestead  laws,  but  not  foi 
lands  taken  under  any  other  laws.  Where  the  amount  of  a  certificate  or  certificates  is  less  than 
the  value  of  the  lands  taken,  the  balance  must  be  paid  in  cash.  Assignments  may  be  made  to 
more  than  one  person.  Settlers  should  m^ke  deposits  in  sums  not  to  exceed  two  hundred  dol- 
lars.    These  certificates  can  now  be  used  only  in  the  land  district  where  issued. 

h.  OTHER  KINDS  OF  SCRIP. 

The  other  kinds  of  scrip  heretofore  named  are  used  by  speculators  almost  exclusively  to 
{ocate  valuable  tracts  of  land  that,  as  a  rule,  have  been  overlooked  or  not  entered  previously 
though  some  error  or  misunderstanding.  Settlers  therefore  have  no  special  interest  in  them: 
though  they  should  bear  in  mind  that  unless  they  strictly  comply  with  the  law  in  the  matter  of 
filing  their  preliminary  declarations,  they  are  liable  to  have  their  improvements  taken  from 
them  by  speculators  by  the  use  of  these  several  kinds  of  scrip. 


12  THE  AMERICAN   SETTLER'S   GUIDE. 

Valentine,  Sioux,  and  Chippewa  Scrips  can  be  located  on  unsurveyed  land  that  is  unoccu- 
pied, unimproveB,  and  non-mineral  in  character.  Porterfield  warrants,  Soldiers'  Additional 
Homestead  Certificates,  and  Private  Act  Scrips  in  general,  can  be  located  on  unoffered  land 
subject  to  Homestead  Entry.  Parties  who  wish  to  purchase  Military  Bounty  Land  Warrants, 
Supreme  Court,  Valentine,  or  other  Scrips,  or  Soldiers'  Additional  Homestead  Certificates, 
will  address  Editor  of  this  Guide.     See  advertisement  at  end  of  book. 

IV.  Citizenship. 

As  aliens  cannot  acquire  valid  titles  to  real  estate  under  the  preemption,  homestead,  and  other 
laws,  the  privileges  of  which  are  restricted  to  citizens,  or  those  who  have  declared  their  inten- 
tion to  become  such,  it  is  important  that  foreigners  seeking  identification  with  the  American 
community  should  be  advised  of  the  legal  steps  necessary  to  acquire  citizenship.  Any  free 
white  alien,  over  the  age  of  twenty-one  years,  may  at  any  time  after  arrival  declare  before  any 
court  of  record  having  common  law  jurisdiction  (with  a  clerk  or  prothonotary  and  seal)  liis 
intention  to  become  a  citizen,  and  to  renounce  forever  all  foreign  allegiance.  The  declaration 
must  be  made  at  least  two  years  before  application  for  citizensliip.  At  the  expiration  of  two 
years  after  the  declaration,  and  at  any  time  after  five  years'  residence,  the  party  desiring  natur- 
alization, \ithen  not  a  citizen,  denizen,  or  subject  of  any  country  at  war  with  the  United  States, 
should  appear  in  a  court  of  record,  and  there  be  sworn  to  support  the  Constitution  of  the  United 
States  and  renounce  foreign  allegiance.  If  he  possessed  any  hereditary  title  or  order  of  nobility, 
such  also  must  be  renounced,  and  satisfactory  proof  produced  to  the  court  by  the  testimony  of 
witnesses,  citizens  of  the  United  States,  of  the  five  years'  residence  in  the  country,  one  year  of 
which  must  be  within  the  State  or  Tenitory  where  the  court  is  held,  and  that  during  the  five- 
year  period  he  was  a  man  of  good  moral  character  and  attached  to  the  principles  of  the  Con- 
stitution ;  whereupon  he  will  be  admitted  to  citizenship,  and  thereby  his  children  under  twenty- 
one  years  of  age,  if  dwelling  in  the  United  States,  will  also  be  regarded  as  citizens. 

Where  the  alien  has  made  his  declaration  and  dies  before  being  actually  naturalized,  the 
widow  and  children  become  citizens  of  the  United  States,  and  entitled  to  all  rights  and  privi- 
leges as  such,  upon  taking  the  prescribed  oaths. 

Ally  free  white  alien,  being  a  minor,  and  under  the  age  of  twenty-one  years  at  the  time  of 
arrival,  who  has  resided  in  the  country  three  years  next  preceding  his  majority  of  twenty-one 
years,  may,  after  reaching  such  period  and  on  five  years'  residence,  including  the  three  years 
of  his  minority,  be  admitted  to  citizenship  without  a  preliminary  declaration  of  intentions, 
provided  he  then  makes  the  same,  averring  also  on  oath  and  proving  to  the  court  that  for  the 
past  tliree  years  it  had  been  his  intention  to  become  a  citizen ;  also  showing  the  fact  of  his  resi- 
dence and.good  character. 

Children  of  citizens  of  the  United  States  bom  out  of  the  country  are  deemed  citizens,  the 
right  not  descending,  however,  to  persons  whose  fathers  never  resided  in  the  country;  and  any 
woman  who  might  legally  be  naturalized,  married,  or  who  shall  be  married  to  a  citizen  of  the 
United  Stales,  is  held  to  possess  citizenship. 

An  alien,  twenty-one  years  and  over,  who  enlists  in  the  regular  or  volunteer  army,  and  is 
honorably  discharged  therefrom,  may  be  admitted  to  citizenship  upon  his  simple  petition  and 
satisfactory  proof  of  one  year's  residence  prior  to  his  application,  accompanying  the  same  with 
proof  of  good  moral  character  and  honorable  discharge. 

Proof  of  his  citizenship  may  be  procured  from  any  court  of  record  having  common  law  juris- 
diction, with  a  clerk  and  prothonotary  and  seal.  It  will  be  perceived  that  sei-vice  alone  does 
not  secure  citizenship.  The  petition  and  proof  to  the  satisfaction  of  tlie  court  are  essential,  and 
citizenship  thus  obtained  is  necessary  before  homestead  entry  can'be  perfected. 

V.  Presentation  of  Appeals. 
Any  person  making  apphcation  to  file  upon  or  enter  a  tract  of  public  land,  having  complied 
with  the  law   and   regulations  touching  the   presentation  of  such  application,  and   feeling 
aggrieved  by  the  refusal  of  the  Register  and  Receiver  to  recognize  his  claim,  or  by  any  order. 


THE   AMERICAN   SETTLER'S  GUIDE.  IS 

direction,  or  condition  affecting  the  same,  may  appeal  from  the  action  of  those  oflScers  to  the 
Commissioner  of  the  General  Land  Office,  who  is  by  law  invested  with  the  supervision  and 
control  of  all  matters  relating  to  the  disposal  of  the  public  land,  subject  to  the  direction  of  the 
Secretary  of  the  Interior.  The  decision  of  the  local  officers  is  final  if  not  appealed  from 
within  thirty  days. 

For  the  purpose  of  enabling  such  appeal  to  be  taken  and  perfected,  the  Register  and  Receivo 
will  indorse  upon  the  written  application  the  date  when  presented  and  their  reasons  for  refusing 
it,  promptly  advising  the  party  in  interest  of  the  facts,  and  note  upon  their  records  a  memoran 
dum  of  the  transaction.  The  party  aggrieved  will  then  be  allowed  thirty  days  from  the  receipt 
of  notice  of  such  action,  within  which  to  file  his  appeal  to  the  Commissioner. 

The  appeal  must  be  in  writing,  definitely  setting  forth  in  clear  and  concise  terms  the  spccifkf 
points  of  exception  to  the  decision  appealed  from,  and  the  reason  or  reasons  upon  which  such 
exceptions  are  based. 

Of  the  sufficiency  of  such  appeal  the  General  Land  Office  will  be  the  judge,  and  will  div 
miss  from  further  notice  any  case  wherein  the  appeal  is  based  upon  frivolous  grounds,  or  where 
the  proper  formalities  and  grounds  are  wanting,  unless,  in  the  record  itself,  either  of  the  ca-se 
or  upon  the  books  of  this  office,  some  sufficient  cause  shall  be  found  for  further  consideration 
under  the  general  power  of  supervision  vested  in  the  Commissioner  by  law. 

Upon  objection  to  the  finding  of  the  General  Land  Office  regarding  an  appeal,  the  matter  will 
be  reported  to  the  Honorable  Secretary  of  the  Interior  for  his  direction  therein. 

The  i^ppeal  must  in  all  cases  be  filed  with  the  district  officers,  to  be  forwarded  by  them  with 
a  ftiU  report  of  the  case  to  the  General  Land  Office. 

This  report  should  recite  the  proceedings  had,  to  wit :  The  application  and  rejection,  with 
the  reasons  therefor,  and  also  the  status  of  the  tract  involved,  as  shown  by  the  records  of  the 
office,  together  with  a  reference  to  all  entries,  filings,  annotations,  memoranda,  and  correspon- 
dence shown  by  such  record  relating  thereto,  so  as  to  direct  the  attention  of  the  Commissioner 
to  all  the  material  facts  and  issues  necessary  to  a  proper  determination  of  the  questions  presented. 

No  appeal  from  the  decision  of  the  Register  and  Receiver  will  be  received  at  the  Genera] 
Land  Office  unless  forwarded  through  the  local  officers  in  the  manner  herein  prescribed. 

The  report  should  be  forwarded  at  orce  upon  the  filing  of  the  appeal,  except  in  contested 
cases  after  regidar  hearing,  when,  unless  sJl  parties  request  its  earlier  transmission,  it  should 
not  be  made  until  the  expiration  of  the  tnirty  days  included  in  the  notice,  in  order  that  al> 
parties  may  have  full  opportunity  to  examine  the  record  and  prepare  their  argument  upon  the 
questions  at  issue.  All  documents  once  received  must  be  kept  on  file  with  the  cases,  and  bo 
papers  will  be  allowed  under  any  circumstances  to  be  removed  from  such  files  or  taken  from 
the  custody  of  the  Register  and  Receiver ;  but  access  to  the  same  under  proper  rules,  so  as  not 
to  interfere  with  necessary  public  business,  should  be  permitted  to  the  parties  ia  interest,  under 
the  supervision  of  those  officers. 

Upon  any  question  relating  to  the  disposal  of  the  public  lands,  appt'.'J  from  the  decision  of 
the  Commissioner  of  the  General  Land  Office  will  lie  to  the  Secretary  of  the  Interior  (Revised 
Statutes,  sees.  441,  2273),  except  in  cases  of  interlocutory  orders  and  decisions,  and  orders  for 
hearing,  or  other  matters  resting  in  the  sound  discretion  of  the  Commissioner.  Such  btter 
cases  constitute  matters  of  exception,  which  should  be  nc^ed,  and  fliey  will  be  considered  by 
the  Secretary  on  review. 

The  appeal  is  required  to  be  made  in  writing,  fairly  and  specifically  stating  the  points  of  ex 
ception  to  the  decision  appealed  from,  and  must  be  filed  either  with  the  Register  and  Receiver 
for  transmission,  or  with  the  Commissioner,  within  sixty  days  from  receipt,  by  the  party  or  his 
attorney,  of  the  notice  of  the  decision. 

After  appeal  is  filed,  the  fact  of  its  receipt  and  pendency  will  be  promptly  communicated  to 
the  district  office  and  to  the  parties,  and  thirty  days  from  service  of  such  notice  will  be  allowed 
for  the  filing  of  argument  en  the  points  involved  in  the  controversy.  At  the  expiration  of  the 
time  prescribed,  the  papers  and  record  will  be  forwarded  to  the  Secretary  of  the  Interior.  All 
arguments  must  be  filed  with  the  Commissioner  within  the  time  specified  in  the  notice,  in  orviei 


that  they  may  be  referred  to  and  considered  in  transmitting  the  ca&e  to  the  Secrciar)-,  if  deemed 
expedient  by  the  Commissioner.  Examination  of  cases  on  appeal  to  the  Secretary  will  be 
facilitated  by  filing  in  printed  form  such  a,rgmnent  as  it  is  desired  to  liave  considered. 

Decisions  of  the  Commissioner  not  appealed  from,  within  the  period  prescnbed,  become 
final,  and  the  case  will  be  regularly  closed.     (Revised  $tatViti;s,  sec:  2273.) 

The  decision, of  the  Secretary  is  necessarily  final,  so  far  as  respects  the  action  of  tlie  Executive. 

VI.   How  Much  Land  One  Person  Can  Take. 

To  obtain  the  largest  amount  of  land  from  the  Government  at  the  least  cost,  a  party  should 
first  enter  160  acres  under  the  preemption  laws  (Chapter  IV),  which  will  cost  ^1.25  or  $2.50 
an  acre;  then  enter  160  acres  more  under  the  homestead  laws  (Chapter  III),  and  also  make 
entry  of  160  acres  under  the  timber  culture  laws  (Chapter  V),  where  the  land  is' naturally 
devoid  of  umber — 480  acres  will  thereby  be  secured  at  an  average  cost  of  about  50  cents  an 
Acre. 

The  usual  way  is  to  make  an  entry  under  the  homestead  laws,  and  at  once  another  entry 
dnder  the  timber  culture  laws,  because  it  is  cheaper  to  do  so,  and  there  is  no  delay  to  prove  up 
ander  tlie  preemption  laws — 320  acres  will  thereby  be  obtained  at  a  cost  of  $36  for  fees  and 
commissions — which  is  equal  to  about  1 1  cents  an  acre. 

An  entry  can  thereafter  be  made  under  the  desert  land  laws  of  640  acres,  and  one  entry  is 
allowed  under  each  of  the  several  laws  mentioned  in  Chapter  VI.  Under  the  mining  laws  as 
many  entries  are  allowed  as  a  party  owns  legal  claims. 

After  an  entry  has  been  made  under  the  preemption,  homestead,  and  timber  culture  laws, 
the  same  person  may  buy  as  much  land  at  public  sale  and  private  entry — also  of  the  State 
government,  corporations,  and  individuals — as  his  means  and  inclination  permit. 

yil.    Definitions. — What  Can  be  Done  by  an  Agent. 

A  Declaratory  Statement  is  a  written  notice  that  the  party  making  it  claims  certain  land. 
He  files  it  in  the. local  land  office,  and  it  reserves  the  land  for  a  certain  length  of  time,  according 
to  the  law  under  .which  he  claims.  •  No  title  or  vested  right  is  secured  thereby,  as  it  is  simply  a 
notice  or  warning  to  the  worldof  his  claim.     See  Forms  on  pages  44,  62,  d^^^  66,  67,  105. 

An  Application  is  a  .written  offer  to  purchase,  describing  the  land  and  signed  by  the  appli- 
cant. See  pages  9,  Li,  25,  27,  44^  47,  82,  106.  An  Entry,  on  the  other  hand,  is  tliat  act 
whereby  a  tract  of  public  land  becomes  private  property,  when  a  qualified  party  pays  the 
government  officers  the  required  fee,- commission,  cash  or  equivalent,  and  the  certificate  and 
receipt  as  evidence  of  the  proceeding  are  issued  in  accordance  with  law. 

No  person  can  make  homestead,  pre-emption,  or  timber  culture  entry  by  an  agent ;  that  is  to 
say,  an  agent  cannot  sign  the  applicant's  name  nor  swear  to  the  necessary  papers.  A  claimant 
cannot  make  such  entry  except  when  within  the  limits  of  the  land  district  wherein  the  desired 
land  is  situated.  Entry  papers  after  being  properly  prepared  may  be  presented  at  the  local 
office  by  an  agent,  and  the  fees  and  commissions  may  be  paid  by  the  agent. 

A  Declaratory  Statement  may  be  filed  under  tlie  Soldiers'  and  Sailors'  Homestead  Law,  but 
not  under  the  other  homestead  laws.  Agency  is  recognized  in  making  and  filing  such  De- 
claratory Statement.     See  pages  44,  62,  63.  , 

A  pre-emption  Declaratory  Statement  cannot  be  signed  by  an  agent.     See  pages  66,  67. 

The  only  other  law  under  which  a  declaratory  statement  is  allowed  is  the  Coal  Land  law. 
See  page  105.  Under  the  Desert  Land  Law,  is  a  declaration  of  proposed  reclamaticn.  See 
page  108.     An  agent  cannot  make  either  of  these  (except  in  case  of  a  corporation.) 

From  the  above  it  will  be  seen  that  an  agent  or  attorney  can  do  but  little  more  than  assist  a 
settler.  A  party  must  go  to  the  land  he  desires,  and  settle  upon  and  cultivate  it  personally 
under  the  pre-emption  and  homestead  laws.  Under  the  timber  culture  law  the  claimant 
after  making  the  entry  may  leave  the  entered  land  in  charge  of  an  agent  to  cultivate  and  set 
out  the  trees.  JBut  the  claimant  is  -held  responsible  for  the  proper  care  of  the  trees,  and  lus 
entry  will  be  liable  to  contest  if  the  la\v  is  not  comphed  with. 


CHAPTER    II. 

UNITED  S  FATES  SYSTEM  OF  SURVEYS. 
How  to  Find'  a  Tract  of  Land. 

The  beginning  or  initial  point  for  the  surveys  within  a  given  surveying  district  having  been 
determined  upon,  a  principal  base  line  (see  diagram,  line  A  B,)  is  surveyed  on  a  true  par- 
allel of  latitude  east  and  west  therefrom.  The  principal  meridian  (see  diagram,  line  C  D,) 
is  extended  due  north  and  south  of  the  same  point.  The  law  requires  that  the  meridional 
lines  sliall  be  run  on  the  true  pieridian;  therefore,  m  order  to  counteract  the  error  that 
would  otherwise  result  from  the  copvergency  of  meridians  as  they  run  to  the  north  pole,  and 
also  to  check  errors  arising  from  ijiaccuracies  in  measurements  on  meridian  lines,  standard 
parallels  or  correction  lines  (see  diagram,  lines  E  F  and  G  H,)  are  run  and  marked 
at  every  four  townships,  or  twenty-four  miles,  north  of  the  base,  and  at  every  five  townships, 
or  thirty  miles,  south  of  the  same.  Guide  meridians  (see  diagram,  line  I  K,)  are  next 
surveyed  at  intervals  of  eight  ranges,  or  forty-eight  miles,  east  and  west  of  the  principal 
mendian,  starting  north  of  the  base,  in  the  first  instance,  from  that  line,  and  closing  on  the  first 
standard  north ;  then  starting  firom.  the  first  standard,  and  closing  on  the  second  standard 
north,  and  so  on.  Soutli  of  the  base  fine  the  guide  meridians  start  from  the  first  standard 
south  and  dose  on  the  base  line;  then  starting  from  the  second  standard  and  closing  on  the 
rusi  standaKl,  and,  again,  starting  from  the  third  standard  and  closing  on  the  second,  and  so 
y>\\.  The  closing  corners  on  ,the  base  line  and  standard  parallels  are  estabhshed  at  llie  inter- 
sec^on  of  the  meridional  lines  therewith,  thus,  owing  to  the  convergency  of  meridians, 
occasioning  a  double  set  of  comers  on  those  lines,  which  are  designated  as  "standard 
comers"  and  "closing  comers."  In  nigged  mountain  regions  it  has  been  found  necessary  to 
depart  somewhat  from  the  regular  systeiu  of  extending  tlae  standard  lines,  owing  to  the  imprac- 
ticability of  surveying  them  in  place.  Under  diese  circimistances,  the  principal  hues  are  run 
and  marked  in  localities  admitting  of  the  extension,  by  means  of  offsets  on  township  lines, 
marking  tlaem  as  such  in  the  field. 

The  parallelograms  formed  by  the  base,  line,  principal  meridian,  standard  parallels,  and 
guide  meridians,  twenty-four  by  forty-eight  miles  in  extent,  north  of  the  base  line,  a»d  thirty 
by  forty-eight  miles  south  of  the  base,  constitute  the  frame-work  of  the  lectangular  system  of 
surveys. 

'These  parallelograms  are  each  subdivided  into  townships  six  miles  square,  containing,  as 
near  as  may  be,  23,040  acres,  and  again  each  township  is  subdi\-ided  into  thirty-six  sections 
one  mile  square,  containing,  as  near  as  practicable,  640  acres  each.  The  sections  of  one  mile 
square  are  the  smallest  tracts  the  out-boundaries- of  which  the  law  requires  to  be  actually  sur- 
veyed. Their  minor  subdivisions  are  defined  by  law,  and  the  surveyors-general,  in  protracting 
■:ownship  plats  from  the  field-notes  of  sections,  designate  them  in  red  ink,  the  lines  behig 
imaginary,  connecting  opposite  quarter-section  comers,  thereby  dividing  the  section  into  four 
quarter-sections  of  160  acres,  and  these,  in  their  turn,  into  quarter-quarter  sections  of  40  acres 
each,  by  imaginary  hnes  starting  from  points  equitlistant  between  the  section  and^^  quarter- 
section  comers,  and  running  to  opposite  corresponding  points.  These  imaginary  lines  maijr  at 
any  time  be  actually  surveyed  by  the  county  surveyor  at  the  expense  of  the  settler.    .  , 

The  sections  in  each  township  are  numbered,  begiimingin  the  north-east  comer,  firom  l  to 
3 ')  inclusive,  as  shown  in  the  township  plat  on  the  next  page.  Sections  16  and  36  are  called 
i  lifjol  sections,  and  if  agricultural  belong  to  the  Stale  or  are  reserved  in  a  Territory-, for  school 


16 


THE  AMERICAN  SETTLER'S  GUIDE. 


purposes.  They  can  only  be  bought  at  the  State  Land  Office,  unless  they  contain  minerals  of 
were  settled  upon  prior  to  survey,  when  they  are  sold  at  the  United  States  Land  Office.  The 
sections  on  the  northern  and  western  boundaries  of  a  township  are  fractional,  /.  ^.,  they  do^ 
not  contain  exactly  640  acres.  The  small  fragments  are  called  Lots,  and  are  numbered  from 
A  TOWNSHIP.  ^  upwards  in  each  section.     Fre- 

North.  quently  sections  in  the  interior  artf 

fractional  on  account  of  lakes,  res- 
— I      ervations,  and  other  causes. 

HOW  TOWNSHIPS  ARE  NUMBERKIX 
A  tier  of  townships  running 
north  and  south  is  called  a  range^ 
and  each  range  is  numbered  as  it 
is  east  or  west  of  the  Principal 
Meridian.  Each  township  is  also 
numbered  as  it  is  north  or  south  of 
the  Base  Une. 

A  glance  at  the  diagram  oft  dit 
following  page  will  illustrate  the 
method  of  distinguishing  town- 
ships. 5  N  means  a  fifth  township 
north  of  the  base  line.  2  S  means 
a  second  township  south  of  the 
base  line.  5  E  means  a  township 
in  range  5  east  of  the  Principal 
Meridian.     2  W  means  a  township- 


6 

5 

4 

3 

2 

Viz 

7 

8 

9 

10 

II 

12 

18 

17 

16 

15 

14 

»3 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

3a 

33 

34 

35 

36 

South. 


Jn  range  2  west  of  the  Principal  Meridian.  Hence  the  township  in  the  extreme  northeast 
comer  of  the  Diagram  is  Township  5  North  of  Range  8  East.  The  Principal  Meridian  is 
named,  if  otherwise  there  is  a  possibility  of  mistake.  The  40-acre  tract  in  the  extreme  south- 
west comer  of  sdiool  section  16  in  the -same  township  would  be  described  thus:  The  south- 
west quarter  of  the  south-west  quarter  of  section  16,  in  Township  5  north,  of  Range  8  East 
(Mount  Diablo  Meridian,  California),  in  figures,  it  would  be  written  S.  W.  >^,  S.W.  j^.  Sec, 
16,  T.  5  N.,  R.  8  E.,  M.  D.  M.  Where  would  you  find  the  following  tract  ?  N.  E.  X,  S.  E. 
X»  Sec.  I,  T.  2  S,  R.  6  E. — Ans.  It  is  marked  on  the  Diagram  with  an  X,  and  on  the  Town- 
ship plat  with  a  square. 

HOW  TO  TELL  CORNERS. 

The  following  extracts  from  the  Manual  of  Surveying  Instructions  illustrate  the  manner  of 
establishing  the  comers  of  the  public  surveys : 

MANNER  OF  ESTABLISHING  CORNERS   BY   MEANS  OF   POSTS. 

Township,  sectional  or  mile  comers,  and  quarter  sectional  or  half  mile  comers,  will  be  per- 
petuated by  planting  a  post  at  the  place  of  the  comer,  to  be  formed  of  the  most  durable  wood 
of  the  forest  at  hand. 

The  posts  must  be  set  in  the  earth  by  digging  a  hole  to  admit  them  two  feet  deep,  and  must 
be  very  securely  rammed  in  with  earth,  and  also  with  stone,  if  any  be  found  at  hand.  The 
portion  of  the  post  which  extends  above  the  earth  must  be  squared  off  sufficiently  smooth  to 
admit  of  receiving  the  marks  thereon,  to  be  made  with  appropriate  marking  irons,  indicating 
what  it  stands  for.  Thus  the  sides  of  township  corner  posts  should  square  at  least  fotir  inches, 
(the  post  itself  \it\sag  five  inches  in  diameter,)  and  must  protrude  two  feet  at  least,  above  the 
ground;  the  sides  of  section  comer  posts  must  square  at  least  three  inches,  (the  post  itself 
being  four  inches  in  diameter,)  and  protrude  two  feet  from  the  ground ;  and  the  quarter  sec" 
Hon  comer  posts  and  meander  corner  posts  must  be  three  inches  wide,  prexnting  fiattened  $xii* 
feces,  and  protruding  two  feet  from  the  ground. 


THE   AMERICAN   SETTLER'S  GUIDE. 


17 


DIAGRAM 

Illustrating  the  frame-work  of  Public  Surveys  in 
the  United  States. 


( 

1 

I 

5JV. 

dE. 

Js  -* 

4M 

sm 

1 

as. 

±w 

IE. 

f  . 

^ 

IS. 
IE. 

h 

ZS. 

J.E. 

/▼  - 

2W 

1 

C 

JO 


A.  J5 — Principal  Base. 

C  JO — Principal  Meridian. 

E  J^— First  Standard  Parallel  North  (or  Correction  line), 

O  JT— First  Standard  Parallel  South. 

X  JK. — First  Guide  Meridian  East. 


18  THE  AMERICAN  SETTLER'S  GUIDE. 

Where  a  township  post  is  a  corner  common  to  four  townships,  it  is  to  be  set  in  the  earth 
diagonally,  thus  : 

j^  On  each  surface  of  the  post  is  to  be 

%  marked  the  number  of  the  panicular 
township  and  its  range,  which  it  fa<es. 
Thus,  if  the  post  be  a  common  boundary 
to  four  townships,  say  one  and  ttuo^  south 
of  the  base  Une,  of  range  one,  west  of  the 
meridian ;  also,  to  townships  one  and  two^ 
ffgfg^  south  of  the  base  Une,  of  range  two,  west 

V  JE7  °^  ^^^  meridian,  it  is  to  be  marked  thus : 

(R.  iW. 
FromN.toE.^T.    iS 

Is.  31 
r      2W. 

FromN.toWj         iS. 

I      36 

These  marks  are  not  only  to  be  dis- 

vJVV  y^*y^        tinctly  but  neatly  cut  into  the  wood,  at 

least  the  eighth  of  an  inch  deep ;  and  to 
make  them  yet  more  conspicuous  to  the 
<^  eye  of  the  anxious  explorer,  the  deputy 

must  apply  to  all  of  them  a  streak  of  red  chalk. 

Section  or  mile-posts,  being  corners  of  sections,  and  where  such  are  common  to  four  sec- 
tions, are  to  be  set  diagonally  in  the  earth  (in  the  manner  provided  for  township  comer  posts), 
and  on  each  side  of  the  squared  surfaces  (made  smooth,  as  aforesaid,  to  receive  the  marks) 
js  to  be  marked  the  appropriate  number  of  the  particular  one  of  the  four  sections,  respect^ 
vely,  which  such  ^At  faces ;  also,  on  one  side  tliereof  are  to  be  marked  the  numbers  of  its 
township  and  range ;  and  to  make  such 
marks  yet  more  conspicuous  in  manner 
aforesaid,  a  streak  of  red  chalk  is  to  be 
applied. 

Opposite  is  represented  a  comer 
mound  common  to  two  tovmships  or 
two  sections  only. 

In  eveiy  towTiship,  subdivided  into 
thirty-six  sections,  there  are  twenty-five 
interior  section  comers,  each  of  which 
will  be  common  io  four  sections. 

A  quarter  section,  or  half-mile  post, 
is  to  have  no  other  mark  on  it  than  ^ 
S.,  to  indicate  what  it  stands  for. 

NOTCHING  CORNER  POSTS. 

Township  comer  posts,  common  to 
four  townships,  are  to  be  notched  with 
six  notches  on  each  of  the  four  angles  of  the  squared  part  set  to  the  cardinal  points. 

All  mile  posts  on  tozonship  lines  must  have  as  many  notches  on  them,  on  two  opposite  angles 
thereof,  as  they  are  miles  distant  from  the  township  comers,  respectively.  Each  of  the  posts 
at  the  comers  of  sections  in  the  interior  of  a  township  must  indicate,  by  a  number  of  notches 
on  each  of  its  four  corners  directed  to  the  cardinal  points,  the  corresponding  number  of  miles 
that  it  stands  from  the  outlines  of  the  township(»).  The  four  sides  of  the  post  will  indicate 
the  number  of  the  section  they  respectively  face.     Should  a  tree  be  found  at  the  place  of  any 

(*)  Only  on  two  edges  in  surveys  made  since  1864,     See  page  25. 


FiL 


W 


t 


r^t. 


PU. 


THE  AMERICAN  SETTLER'S  GUIDE. 


19 


corner,  it  will  be  marked  and  notched  as  aforesaid,  and  answer  for  the  corner  in  heu  of  a  post, 
the  kind  of  tree  and  its  diameter  being  given  in  the  field-notes. 


BEARING  TREES. 
The  position  of  all  comer  posts,  or  comer  trees,  of  whatever  description  that  may  be  estab- 
lished, is  to  be  evidenced  in  tlie  following  manner,  viz :  From  such  post  or  tree  the  cours<» 
must  be  taken  and  the  distances  measured  to  two  or  more  adjacent  trees  in 
opposite  directions,  as  nearly  as  may  be,  and  these  are  called  "  bearing  trees." 
Such  are  to  be  distinguished  by  a  large  smooth  blaze,  with  a  notch  at  its  lower 
end,  facing  the  comer,  and  in  the  blaze  is  to 
be  marked  the  number  of  fhe  range,  township, 
and  section;   but  at  quarter-section  comers 
nothing  but  %  S.  need  be  marked.     The  let- 
ters B.  T.  (bearing  tree)  are  also  to  be  marked 
upon  a  smaller  blaze  directly  under  the  large 
one,  and  as  near  the  ground  as  practicable. 

At  all  township  comers,  and  at  all  section 
comers,  on  range  or  township  lines,  four 
bearing  trees  are  to  be  marked  in  this  maimer, 
one  in  each  of  the  adjoining  sections. 

At  interior  section  comers  four  trees,  one 
to  stand  within  each  of  the  four  sections  to 
which  such   comer   is   common,  are  to  be 
marked  in  manner  aforesaid,  if  such  be  found. 
A  tree  supplying  the  place  of  a  comer  post 
is  to  be  marked  in  the  manner  directed  for 
posts,  but  if  such  tree  should  be  a  beech,  or 
other  smooth  bark  tree,  the  marks  may  be 
made  on  the  bark,  and  ihe  tree  notched. 
From  quarter  section  and  meander  comers 
two  bearing  trees  are  to  be  marked,  one  within  each  of  the  adjoining  sections. 

CORNER  STONES. 
Where  it  is  deemed  best  to  use  stones  for  boundaries,  in  Ueu  of  posts,  surveyors  may,  at  any 

comer,  insert  endwise  into  the  grovmd, 
to  the  depth  of  7  or  8  inches,  a  stone, 
the  number  of  cubic  inches  in  which 
shall  not  be  less  than  the  number  con- 
tained in  a  stone  14  inches  long,  12 
inches  wide,  and  3  inches  thick — equal 
to  504  cubic  inches — the  edges  of  which 
must  be  set  north  and  south,  on  north 
and  south  lines,  and  east  and  west,  on 
east  and  west  hnes ;  the  dimensions  of 
each  stone  to  be  given  in  the  field-notes 
TOWNSHIP  CORNER  STONE.  SECTION  CORNER  STONE,  at  the  time  of  establislilng  the  corner. 

The  kind  of  stone  should  also  be  stated. 


ft 

Will 

m 


MARKING   CORNER   STONES. 

Stones  at  township  corners,  common  to  four  townships,  must  have  six  notches,  cut  with  a 
pick  or  chisel  on  each  edge  or  side  toward  the  cardinal  points;  and  where  used  as  section 
comers  on  the  range  and  township  lines,  or  as  section  comei-s  in  the  interior  of  a  township, 
they  vidll  also  be  notched,  to  correspond  with  the  directions  given  for  notching  posts  similarly 
situated 


20  THE   AMERICAN   SETTLER'S   GUIDE. 

Posts  oi  stones  at  township  comers  on  the  base  and  standard  Unss,  and  which  are  common 
to  two  townships  on  the  north  side  thereof,  will  have  six  notches  on  each  of  the  west,  north, 

and  east  sides  or  edges;  and  where  such 
stones  or  posts  are  set  for  corners  to  two 
townships  south  of  the  base  or  standard, 
six  notches  will  be  cut  on  each  of  the  west, 
south,  and  east  sides  or  edges. 

Stones  when   used    for   quarter   section 
corners,  will  have  j^  cut  on  them — on  the 
west  side  on  north  and  south  lines,  and  on 
QUARTER  SECTION  CORNER  sTONR.       SECTION  CORNER,     fhc  uorth  sidc  on  cast  aud  vvcst  lines. 

MOUNDS. 

"Whenever  bearing  trees  are  not  found,  mounds  of  earth,  or  stone,  are  to  be  raised  arottnd 
posts  on  which  the  corners  are  to  be  marked  in  the  manner  aforesaid.  Wherever  a  mound  of 
earth  is  adopted,  the  same  will  present  a  conical  shape. 

Prior  to  piling  up  the  earth  to  construct  a  mound,  there  is  to  be  dug  a  spadeful  or  two  of 
earth  from  the  comer  boundaiy  point,  and  in  the  cavity  so  formed  is  to  be  deposited  ^miarked 
stone,  or  a  portion  of  charcoal  (the  quantity  whereof  is^to  be  noted  in  the  field-book) ;  or  in  lieu 
of  charcoal  or  maiked  stone,  a  charred  stake  is  to  be  driven  twelve  inches  down  into  such 
centre-point;  either  of  these  will  be  a  witness  for  the  future,  and  whichever  is  adopted,  the  fact 
is  to  be  noted  in  the  field-book. 

When  mounds  are  formed  of  earth,  the  spot  from  which  the  earth  is  talcen  is  called  the 
'^ pit,"  the  centre  of  which  ought  to  be,  wherever  practicable,  at  a  uniform  distance  and  in  a 
uniform  direction  from  the  centre  of  the  mound.  There  is  to  be  a  "  pit"  on  each  side  of  every 
mound. 

At  meander  corners (*)  the  "  pit"  is  to  be  directly  on  the  line,  eight  links  further  from  the 
water  than  the  mound.  Wherever  necessity  is  found  for  deviating  from  these  mles  in  respect 
to  the  "  pits,"  the  course  and  distance  to  each  is  to  be  stated  in  the  field-books. 

Perpetuity  in  the  mound  is  a  great  desideratum.  .  In  forming  it  with  light  alluvial  soil,  the 
surveyor  may  find  it  necessary  to  make  due  allowance  for  the  future  settling  of  the  earth,  and 
thus  making  the  mound  more  elevated  than  would  be  necessaiy  in  a  more  compact  and  tena- 
cious soil,  and  increasing  the  base  of  it.  In  so  doing,  the  relative  proportions  between  the 
township  mound  and  other  mounds  are  to  be  preserved  as  nearly  as  may  be. 

The  earth  is  to  be  pressed  down  with  the  shovel  during  the  process  of  piling  it  up. 
Mounds  are  to  be  covered  with  sod,  grass  side  up,  where  sod  is  to  be  had ;  but,  in  forming  a 
mound,  sod  is  never  to  be  wrought  up  with  the  earth,  because  sod  decays,  and  in  the  process 
of  decomposing  it  will  cause  the  mound  to  become  porous,  and  therefore  liable  to  premature 
destraction. 

POSTS    IN   MOUNDS. 

Must  show  above  the  top  of  the  mound  ten  or  twelve  inches,  and  be  noticed  and  marked 
precisely  as  they  would  be  for  the  same  corner  without  the  mound. 

WITNESS    MOUNDS   TO   TOWNSHIP   OR    SECTION   CORNERS. 

If  a  township  or  section  comer,  in  a  situation  where  bearing  or  witness  trees  are  not, found 
within  a  reasonable  distance  therefrom,  shall  fall  within  a  ravine,  or  in  any  other  situation  where 
the  nature  of  the  ground,  or  the  circumstances  of  its  locality,  shall  be  such  as  may  prevent  or 
prove  unfavorable  to  the  erection  of  a  mound,  you  will  perpetuate  such  corner  by  selecting,  in 
the  immediate  vicinity  thereof,  a  suitable  plot  of  ground  as  a  site  for  a  bearing  or  witness  mound, 
and  erect  thereon  a  mound  of  earth  in  the  same  manner  and  conditioned  in  every  respect,  with 
charcoal,  stone,  or  charred  stake,  deposited  beneath,  as  before  directed ;  and  measure  and  state 
m  your  field-book  tlie  distance  and  course  from  the  position  of  the  tme  comer  of  the  bearing 
or  witness  mound  so  placed  and  erected. 

(»)  For  meandering  navigable  streams,  see  page  22. 


THF-  AMERICAN  SETJ^LER'S   GUIDE.  21 

jOo.ibV  coniirr.  are  to  cc  :20  i^htre  f.rr.^T^  ctl  the  has?  and  st£JicUa-d  lines,  whereon  axe  to 
apptrxr  i:pci:.  ihc  ::oraers  -Anic'n  criu-k  fchr.  inte.'secfions  r,f  the  lines  which,  close  thereon,  and 
t}i'.»sc:  from  vhich  ihe  Gur\'oys  st^rt  on  tne  north.  On  th^-::c  hnes,  and  at  the  time  of  running 
ti'C  same,  rhf  lO-wT'ship,  secticn  and  quarter-section  comers  are  to  be  planted,  and  each  ot 
these  is  a  comer  common  to  ^uo  (whethe#  township  or  section  comers),  on  the  north  side  oi 
the  line,  and  must  be  so  marked. 

The  comers  which  are  established  on  the  standard  parallel,  at  the  time  of  mnning  it,  are  to 
b(-  knowii  (iz  ''^Standard  corners ^^  and,  in  addition  to  all  the  ordinary  marks  (as  herein  pre- 
scribed), they  will  be  marked  with  the  letters  S.  C.  Closing  comers  will  be  marked  with  tlie 
letters  C.  C,  in  addition  to  other  marks. 

Von  will  recollect  that  the  comers  (whether  township  or  section  corners)  which  are  common 
t'«  TWO  (two  townships  or  two  sections),  are  not  to  be  planted  diagonally  like  those  which  are 
common  to /our,  but  with  the  flat  sides  facing  the  cardinal  points,  and  on  which  the  marks  and 
notches  are  made  as  usual.  This,  it  will  be  perceived,  will  serve  yet  more  fully  to  distinguish 
tX'.f  standard  parallels  from  all  other  lines. 

Instructions  for  Surveys  Made  Since  June  i,  1864. 

By  instructions  to  surveyors  general,  dated  June  I,  1864,  the  Surveying  Manual  was  modified 
in  the  follo\ving  particulars: 

POSTS   IN  .MOUNDS. 

All  posts  in  mounds  wiu  hereafter  oe  piantea  or  anven  Jito  tnc  ground  to  the  depth  of 
twelve  inches,  at  the  precise  comer  point;  and  the  charcoal,  charred  stake,  or  marked  stone 
reciuired  in  the  Manual  will  be  deposited  twelve  inches  below  the  surface,  against  the  north 
side  of  the  post  when  the  deputy  is  i-unning  north,  and  against  the  west  side  when  the  deputy  is 
ranning  west,  etc. 

Township  mounds  will  be  five  feet  in  diameter  at  their  base,  and  two  and  a  half  feet  in 
perpendicular  height.  Posts  in  township  mounds  are  therefore  required  to  be  four  and  a  half 
feet  in  length,  so  as  to  allow  twelve  inches  to  project  above  the  mound. 

Mounds  at  section,  quarter-section,  and  meander  comers  will  be  four  and  a  half  feet  in 
diameter  at  their  base,  and  two  feet  in  perpendicular  height,  the  posts  being  four  feet  in  length, 
leaving  twelve  inches  to  project  above  the  mound. 

Pits  should  be  of  uniform  dimensions.  The  pits  for  a  township  mound  will  be  eighteen 
inches  wide,  two  feet  in  length,  and  at  least  twelve  inches  deep,  located  six  feet  from  the 
posts.  At  section  comers  the  pits  will  be  eighteen  inches  square,  and  not  less  than  twelve 
inches  in  depth. 

At  township  comers  common  to  four  townships,  the  pits  will  be  dug  on  the  lines  and  length- 
wise to  them.  On  base  and  standard  lines,  where  the  comers  are  common  to  only  two  town- 
ships or  sections,  three  pits  only  ^vill  be  dug — ^two  in  line  on  either  side  of  the  post,  and  one 
on  the  line  north  or  south  of  the  comer,  as  the  case  may  be.  By  this  means  the  standard  and 
closing  comers  will  be  readily  distingviished  from  each  other. 

NOTCHING  SECTION  CORNER  POSTS. 

Posts  or  stones  at  the  comers  of  sections  in  the  interior  of  townships  will  have  as  many 
notches  on  the  south  and  east  edges  as  they  are  miles  from  the  south  and  east  boundaries  of  the 
township,  iixstead  of  being  notched  on  all  four  edges,  as  directed  in  the  Manual, 

MARKING  CORNERS  IN  REGIONS  REMOTE  FROM  TIMBER,  AND  DESTITUTE  OF  STONE. 

By  circular  of  July  24,  1873,  surveys  of  such  lands  are  marked  thus:  In  addition  to  the 
manner  of  estabUshing  comers  of  public  surveys  by  mounds  of  earth  with  deposits  at  the 
point  of  th^coraer,  deputy  surveyors  are  required  to  drive  in  the  center  of  one  of  the  pits  at 
each  section  and  township  comer,  sawed  or  hewed  stakes  not  less  than  two  inches  square  and 
two  feet  in  length,  said  <takes  to  be  marked  in  the  manner  heretofore   prescribed   for  marking 


S2  THE  AM£RVC/.J.^    I-ETIX.KR'S   GUIDE. 

comer-posts,  and  to  be  driven  one  focc  m  tr-.c  snjocroi.  A.t  r.o»nc;s  roTr.Mion  to  iV.ur  cowpu- 
ships,  the  stakes  are  to  be  driven  in  the  pita  r,.-^ii  of  thr  iciounc,  und  it  comeis  cor^mo:?.  l»» 
four  sections  the  stakes  are  to  be  driven  in  the  pit  southcai't  o!  tiv*;  r^ioun'lj  :i,nd  at  C;)/n.':rs 
common  to  two  townships  or  sections  they  are  to  be  driven  in  the  pit  east  of  the  Cf;rner.  Tl  is 
requirement  does  not  apply  to  quarter-section  comers. 

BEARING  TREJS. 
Where  a  tree  not  less  than  two  and  a  half  inches  in  diameter  can  be  found  :<cr  9  bfarinif  ^re« 
within  three  hundred  links  of  the  corner,  it  should  be  preferred  to  the  pit. 

MEANDERING  NAVIGABLE  STREAMS. 

Standing  with  the  face  looking  (/o7vn  stream,  the  bank  on  the  /<?/?  hand  is  termed  the.  **ieit 
bank,"  and  that  on  the  r^V//  hand  the  "  light  bank."  These  terms  are  used  to  dir,tmguish  the 
two  banks  of  a  river  or  stream. 

Both  banks  of  navigable  rivers  are  meandered  by  taking  the  courses  and  distances  of  their 
windings.  At  those  ix)ints  where  either  the  township  or  section  lines  intersect  the  banks  of  a 
navigable  stream,  posts,  or,  where  necessaiy,  mounds  of  earth  or  stone,  are  established,  called 
"  meander  corners." 

Rivers  are  deemed  navigable  waters  when  they  can  be  used  as  highways  of  commerce 
between  the  states.  The  right  of  a  grantee  of  land  bordering  on  a  navigable  river  stops  with 
the  bank  of  the  stream,  though  he  may  construct  landings  and  wharves.  New  States  have 
the  same  rights,  sovereignty,  and  jurisdiction  over  navigable  streams  as  the  original  States, 
The  State  has  sovereignty  over  ground  that  was  part  of  the  bed  of  a  meandered  navigable 
stream  at  the  time  of  her  admission,  and  the  public  land  laws  do  not  apply  to  it  subse 
quently  (^) . 

GENERAL   REMARKS. 

The  previous  instructions  are  not  always  complied  with  by  rascally  surveyors,  and  in  some 
localities  no  remnants  of  surveys  are  to  be  found.  In  the  old  settled  States,  this  is  to  be 
expected,  but  in  the  Territories  and  States  where  the  surveys  have  lately  l^een  made,  there  is 
not  often  a  satisfactory  reason  for  the  obliteration  of  corners.  Petitions  for  resurvey,  where 
there  are  no  comers  over  wide  areas,  endorsed  by  the  county  surveyors,  should  be  sent  to  the 
General  Land  Office,  or  to  the  delegation  in  Congress.  Settlers  should  see  that  the  surveys  in 
progress  are  correctly  made  as  indicated  herein,  and  complaints  of  irregulaiities  should  be  sCnt 
to  the  Surveyor- General,  or  the  Commissioner  of  the  General  Land  Office. 

Surveys  May  be  Made  at  the  Expense  of  Settlers  in  Certain  Cases. 

Applications  for  surveys  must  be  made  to  the  Surveyor-General  in  writing,  upon  the  receipt 
of  which  he  will  furnish  the  applicant  with  an  estimate  of  how  much  the  desired  survey  will  cost. 
(Jn  leceiving  a  certificate  of  deposit  of  a  United  States  depositary,  showing  that  the  required 
sum  has  been  deposited  with  him  in  a  proper  manner  to  pay  for  the  woi-k,the  Surveyor-General 
will  contract  with  a  competent  United  States  deputy  surveyor,  and  have  the  survey  made  and 
returned  in  the  same  manner  as  other  public  surveys  are. 

The  payment  of  the  amount  required  for  the  sui-vey  will  not  give  the  depositor  any  priority 
of  claim  or  right  to  purchase  the  land,  or  in  any  manner  affect  the  claim  or  claims  of  any  party 
or  parties  thereto ;  and,  when  surveyed,  it  will  be  subject  to  the  same  general  laws  and  regula 
tions  in  relation  to  the  disposition  thereof  as  other  public  lands  are. 

The  township  to  be  surveyed  must  be  within  the  range  of  the  regular  progress  of  the  public 
surveys  embraced  by  existing  standard  lines. 

Where  parties  do  not  use  the  certificates  of  deposits  in  payment  of  their  own  land,  they  may 
assign  them  to  others  who  may  use  them  in  payment  of  land  under  the  pre-emption  or  home- 
stead laws.  Such  assignments  need  not  be  acknowledged  before  any  officer,  but  are  to  be 
made  in  the  same  way  as  on  promissory  notes  and  other  negotiable  paper.  % 

(»)  N.  B.  Bradley,  Copp's  Public  Land  Laws,  p.  763.  ^ 


THE  AMERICAN  SETTLER'S  GUIDE.  2? 

Settlers  making  deposits  are  required  to  transmit  the  original  certificate  of  deposit  to  tlic 
Secretary  of  the  Treasury  in  Washington,  D.  C,  and  the  dupUcate  must  be  sent  to  the  Uniteu 
States  Surveyor-General.  The  third  copy  or  triplicate  certificate  is  alone)  used  in  payment  oi 
lands  (see  page  ii,^.,  certificates  of  deposit). 

Where  the  amount  of  the  deposit  is  greater  than  the  cost  of  the  survey,  the  excess  is  repaid  on 
an  account  to  be  stated  by  the  Surveyor-General.  No  provision  of  law  exists  for  refunding  tc 
other  parties  than  the  depositors. 

HOW  TO  SUBDIVIDE  SECTIONS. 

The  course  to  be  pursued  in  the  subdiN-ision  of  sections  is  to  run  straight  lines  from  the  estab 
lished  quarter-section  comers — United  States  surveys — to  the  opposite  corresponding  corners, 
and  the  point  of  intersection  of  lines  so  run  will  be  the  comer  common  to  the  several  quarter 
sections,  or,  in  other  words,  the  legal  centre  of  the  section. 

In  the  subdivision  of  fractional  sections  where  no  opposite  corresponding  comers  have  been 
or  can  be. fixed,  the  subdivision  Unes  should  be  ascertained  by  running  from  the  established 
comers  due  north,  south,  east,  or  west  lines,  as  the  case  may  be,  to  the  water-course,  Indian 
boundary  Ime,  or  other  external  boundary  of  such  fractional  section. 

The  law  presupposes  the  section  lines  surveyed  and  marked  in  the  field  by  the  United  States 
deputy  surveyors  to  be  due  north  and  south,  or  east  and  west  lines,  but  in  actual  experience  this 
is  not  always  the  case ;  hence,  in  order  to  carry  out  the  spirit  of  the  law,  it  will  be  necessary,  in 
mnning  subdivisional  lines  through  fractional  sections,  to  adopt  mean  courses  where  the  section 
lines  are  not  due  hnes,  or  to  run  the  subdivision  line  parallel  to  the  section  line  where  there  is 
no  opposite  section  line. 

Upon  the  lines  closing  on  ihe  north  and  west  boundaries  of  a  township,  the  quarter-section 
comers  are  established  by  the  United  States  deputy-surveyors  at  precisely  forty  chains  to  the 
north  or  west  of  the  last  interior  section  comer,  and  the  excess  or  deficiency  in  the  measure- 
ment is  thrown  on  the  outer  tier  of  lots,  as  per  Act  of  Congress  approved  May  lo,  1800. 

In  the  subdivision  of  quarter-sections,  the  quarter-quarter  comers  are  to  be  placed  at  point  i 
equidistant  between  the  section  and  quarter-section  corners  and  between  the  quarter  corners  and 
the  common  centre  of  the  section,  except  on  the  last  half-mile  of  the  lines  closing  on  the  north 
or  west  boundaries  of  a  township,  where  they  should  be  placed  at  twenty  chains  (original 
measurement)  to  the  north  or  west  of  the  quaiter-section  corner. 

The  subdivision  lines  of  fractional  quarter-sections  should  be  run  from  points  on  the  section 
lines,  intermediate  between  the  section  and  quarter-section  comers,  due  north,  south,  east,  or 
west  to  the  lake,  water-course,  or  reservation,  which  renders  such  tracts  fractional. 

When  there  are  double  sets  of  section  comers  on  township  and  range  lines,  the  quarter  comers 
for  the  sections  south  and  east  of  the  lines  are  not  established  in  the  field  by  the  United  States 
furveyors,  but  m  subdividing  such  sections  said  quarter  comers  should  be  so  placed  as  to  suit 
the  calculations  of  the  areas  of  the  quarter-sectioiis  adjoining  the  toivnship  boundaries^  as 
expressed  upon  the  official  plat,  adopdng  a  proportional  measurement  where  the  present 
measurement  of  the  north  or  west  boundaries  of  the  section  differs  from  the  original  meas- 
urement. 

RE-ESTAELISHMENT  OF  LOST  CORNERS. 

The  original  comers,  when  they  can  be  found,  must  stand  as  the  true  comers  they  were  in- 
tended to  represent,  even  though  not  exactly  where  strictly  professional  care  might  have  placed 
them  in  the  first  instance. 

Missing  corners  should  be  re-established  in  the  identical  localities  they  originally  occupied. 
WTien  the  point  cannot  be  detennined  by  the  existing  land-marks  in  the  field,  resort  must  be 
had  to  the  field-notes  of  theorigin  al  surveys.  The  law  provides  that  the  lengths  of  the  lines  as 
stated  in  the  field-notes  shall  be  considered  as  the  true  lengths  thereof,  and  the  distances 
between  corners  set  down  in  the  field-notes  constitute  proper  data  from  which  to  determine  the 
true  locality  of  a  missing  comer ;  hence  the  mle  that  all  such  should  be  restored  at  distances 
proportionate  to  the  original  measurements  between  existing  original  comers.     That  is,  if  the 


34  THE  AMERICAN  SETIXER'S   GUIDE. 

measurement  between  two  existing  comers  overruns  or  falls  short  of  that  stated  in  the  field- 
notes,  the  excess  or  deficiency  should  be  distributed  proportionately  among  the  intervening 
section  lines  betwen  the  said  existing  corners  standing  in  their  original  places.  Missing  section 
corners  in  the  interior  of  townships  should  be  re-estabhshed  at  proportionate  distances  between 
the  nearest  existing  original  comers  north  and  south  of  the  missing  comers.  As  has  been 
observed,  no  existing  original  comer  can  be  disturbed,  and  it  will  be  plain  that  any  excess  or 
deficiency  in  measurements  between  existing  corners  cannot  in  any  degree  affect  the  distances 
beyond  said  existing  corners,  but  must  be  added  or  subtracted  proportionately  to  or  from  the 
intervals  embraced  between  the  comers  which  are  still  standing.  Parties  interested  should 
send  50  cents  for  fr''  i   -'  "  t'O'-'-  ■■■^-  '--  .■.-',., -p.;  ,n  of  lost  and  obliterated  corners. 


CHAPTER    III. 

HOMESTEADS. 
I.    Homesteads  in  General. 

To  the  people  of  Europe,  where  the  high  price  of  real  estate  confers  distinction  upon  ita 
owner,  it  seems  beyond  behef  that  the  United  States  should  give  away  one  hundred  and  sixty 
acres  of  land  for  nothing.  Yet  such  is  the  fact ;  a  compliance  witli  the  Homestead  Law,  and 
tlie  payment  of  small  fees  and  commissions  to  the  local  ofhcers,  secure  title  to  a  quarter  section 
of  government  land.  Laborers  in  other  countries,  who  find  it  difficult  to  support  tlieir  families, 
can  here  acquire  wealth,  social  privileges,  and  political  honors,  by  a  few  years  of  intelligent 
industry  and  patient  frugality ('). 

All  in  the  Atlantic  States,  who  are  discouraged  with  the  slow,  tedious  methods  of  reaching 
independence,  mil  find  rich  rewards  awaiting  settlers  on  the  pubUc  lands,  who  have  talent  and 
energy,  while  the  mifortmiate  in  business  and  they  who  are  burdened  with  debt,  can,  in  the 
West  and  South,  start  anew  in  the  race  of  life,  for  the  Homestead  Law  expressly  declares  that 
"no  lands  acquired  under  tlie  provisions  of  this  chapter  (Homestead)  shall  in  any  event  become 
liable  to  the  satisfaction  of  any  debt  contracted  prior  to  the  issuing  of  the  patent  therefor." 

Citizens  and  those  who  have  declared  tlieir  intention  to  become  citizens,  irrespective  of  the 
amount  of  land  already  owned,  may  claim,  under  the  homestead  laws,  surveyed  or  unsurveyed 
lands,  not  mnieral  in  character('>).  This  is  conceded  to  the  extent  of  one  hundred  and  sixty 
acres  of  minimum  lands,  and  one  hundred  and  sixty  acres  of  the  even  sections  (/.  ^.,  2,  4,  6,  8, 
etc.,)  of  townships  within  railroad  or  military  road  grants(*).  Only  eighty  acres  of  double 
minimum  lands  of  the  odd  sections  within  such  grants  not  belonging  to  the  road,  or  eighty 
acres  of  odd  or  even  sections  within  grants  for  other  purposes,  can  be  entered  tmder  the  Home- 
stead Laws.  In  Missouri  and  Arkansas,  by  Act  of  Congress  of  July  i,  i879(*),  a  qualified 
applicant  may  enter  one  hundred  and  sixty  acres  of  the  odd  sections  within  the  limits  of  grants 
of  the  even  sections  to  raihoads  and  military  roads. 

a.   APPLICATION  AND  ENTRY. 

In  connection  with  an  application  in  the  following  form : 

Application  )  Land  Officb  at , 

No. .     /  .  {Date\ ,  i8— . 

I, ,  of ,  do  hereby  apply  to  enter,  under  section  2289  of  the  Revised  Statutes  of  the  United 

States,  the of  section ,  in  township ,  of  range ,  containing acres. 


Land  Office  at 

{Date) 


I, ,  register  of  the  land  office,  do  hereby  certify  that  the  above  appHcation  is  for  surveyed  land* 

of  the  class  which  the  applicant  is  legally  entitled  to  enter  under  section  2289  of  the  Revised  Statutes  of  the 
United  States,  and  that  there  is  no  prior,  valid,  adverse  right  to  the  same. 

,  Register. 

(•)  The  present  Secretary  of  the  Interior,  who  decides  all  questions  coming  before  him  from  the  General  Land 
OflBce,  is  a  native  of  Germany.  The  Commissioner  of  the  General  Land  Office,  next  preceding  the  present  one, 
was  a  native  of  England.  The  late  General  Shields,  another  Commissioner  of  the  General  Land  Office,  was  a 
native  of  Ireland. — [This  statement  was  made  in  February,  1880.] 

(*)  Mineral  lands  in  Kansas,  Missocri,  Michigan,  Minnesota,  and  Wisconsin,  may  be  included  in  Homestead 
entries. 

(•)  In  Alabama  and  Mississippi,  and  dsewhere,  except  Missouri  and  Arkansas,  where  the  even  sections  were 
granted  and  the  odd  reserved,  only  eighty  acres  of  double  minimum  lands  can  be  horaesteaded,  except  by  soldten 
and  sailors,  their  widows  and  orphan  children.     General  Land  Office  Instructions,  September  1,  1879,  p.  11. 

(^)  LaTid  O-amer,  Vol.  6,  p.  83. 

f20 


THE  AMERICAN   SETTLER'S   GUIDE, 


The  party  must  present  the  following  affidavit : 


-,  of- 


Land  Office  at  • 


I  a-. 


-,  having  filed  my  amplication.  No. ,  for  an  entry  under  Section  2289  of  the  R©» 

Tised  Statutes  of  the  United  S»»tes,  do  solemnly  swear  that  [here  state  whether  the  applicant  is  the  head  of  a 
&mily,  or  over  twenty-one  years  of  age ;  whether  a  citizen  of  the  United  States,  or  has  filed  his  declaration  of 
intention  of  becoming  such  ;  or,  if  under  twenty-one  years  of  age,  that  he  has  served  not  less  than  fourteen  days 

in  the  Army  or  Navy  of  the  United  States  during  actual  war;  that  said  application.  No. ,  is  made  for  his  or 

her  exclusive  benefit ;  and  that  said  entry  is  made  for  the  purpose  of  actual  settlement  and  cultivation,  and  not, 
lirectly  or  indirectly,  for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever],  and  that  I  have  not 
ieretofore  had  the  benefit  of  the  homestead  laws. 


Sworn  to  and  subscribed,  this day  of  - 


-,  before 


Register  [or  Receiver], 

He  must  thereupon  pay  the  legal  fee  and  that  part  of  the  commissions  which  is  payable  when 
Hie  entry  is  made,  as  given  in  the  tables  below  : 

For  homestead  entries  on  lands  in  Michigan,  Wisconsin,  Iowa,  Missouri,  Minnesota,  Kansas, 
Nebraska,  Dakota,  Alabama,  Mississippi,  Louisiana,  Arkansas,  and  Florida,  commissions  and 
fees  are  to  be  paid  according  to  the  following  table. 


Commissions. 

Fee. 

Class 

Total 

Acres. 

of 

sum 

land. 

Payable  ta/ien 

Payable  when 

Payable  when 

paid.       1 

entry  is  made. 

certificate  issues. 

entry  is  made. 

160 

$2  50 

$S  00 

$8  00 

$\o  00 

jg26  00 

80 

2  50 

4  00 

4  00 

5  00 

13  CX) 

40 

2  50 

,  2  00 

2  00 

5  00 

9  CXD 

160 

I   25 

4   CXD 

4  00 

10  00 

18  00 

80 

I  25 

2   00 

2  00 

5  00 

9  00 

40 

I  25 

I    00 

I  00 

5  00 

7  00 

In  addition  to  the  States  and  Tenitories  above  named,  the  same  rates  will  apply  to  Ohio, 
Indiana,  and  Illinois,  if  any  vacant  tracts  can  be  found  liable  to  entiy  in  these  three  States, 
where  but  very  few  isolated  tracts  of  public  land  remain  undisposed  of.  All  entries  in  these 
last-named  States  are  made  at  the  General  Land  Office  in  Washington. 

.  In  the  Pacific  and  other  political  divisions,  zdz.:  on  lands  in  California,  Nevada,  Oregon, 
Colorado,  New  Mexico,  and  Washington,  and  in  Arizona,  Idaho,  Utah,  Wyoming,  and  Mon- 
Uina,  the  commissions  and  fees  are  to  be  paid  according  to  the  following  table: 


Commissions. 

Fee. 

Class 

Total 

Acres. 

of 

sum 

land. 

Payable  when 

Payable  when 

Payable  when 

paid. 

entry  is  viade. 

certificate  issues. 

entry  is  made. 

160 

$2  50 

$12  00 

$12  00 

$\0   QQ 

$34  00 

80 

2  50 

6  00 

6  00 

500 

17  00 

40 

2  50 

3  00         1           3  00 

5  00 

II  00 

160 

I  25 

6  00 

6  00 

10  00 

22    GO 

80 

I  25. 

3  00 

3  00 

5  00 

II    00 

40 

I   25 

I  50 

I  50 

5  00 

8  00 

Where  the  applicant  has  mads  actual  settlement  on  the  land  he  desires  to  enter,  but  is  pre- 
vented by  reason  of  bodily  infirmity,  distance,  or  other  good  cause,  from  personal  attendance  at 
the  district  land  office,  the  affidavit  may  be  made  before  the  clerk  of  the  court  for  the  county 
witliin  which  the  land  is  situated.  In  this  affidavit  it  must  be  shown  that  the  party's  family  or 
some  member  thereof  is  residing  upon  the  land,  and  that  a  bonafiide  settlement  and  improve- 
ment have  been  made  thereon.  The  cause  of  the  applicant's  inability  to  be  present  at  the  land 
office  must  be  satisfactorily  shown. 


THE  AMERICAN  SETTLER'S  GUIDE.  2'< 

ADJOINING  FARM  HOMESTEADS. 

An  applicant  owning  and  residing  on  an  original  farm,  may  enter  other  land  lying  cc»n 
tiguous  thereto,  which  shall  not,  with  such  farm,  exceed  in  the  aggregate  1 60  acres.  Thus. 
for  example,  a  party  owning  or  occupying  80  acres  may  enter  80  additional,  without  regard 
to  price,  whether  held  at  ;Ji.25  or  ^2.50  per  acre;  or,  if  owning  40  acres,  he  may  enter  120 
acres  additional  of  land  held  at  $1.25  per  acre,  or  of  land  held  at  I2.50  per  acre,  where  160 
acres  is  now  the  maximum  quantity  of  double  minimum  land  subject  to  homestead  entry,  bat 
cannot  exceed  the  maximum  of  80  acres  where  the  land  proposed  to  be  entered  is  held  at 
$2. 50  per  acre,  and  where  80  acres  is  still  the  legal  maximum  in  reference  to  that  class  of 
lands  (•). 

In  applying  for  an  entry  of  this  class,  the  party  must  make  affidavit,  as  follows,  describing 
the  tract  which  he  owns  and  upon  which  he  resides  as  his  original  farm : 

AFFIDAVIT. 

Land  Office  at , 

(.Date) ,  18—. 

of ,  having  filed  my  application  No. ,  for  an  entry  under  the  provisions  dk 


the  Act  of  Congress  approved  May  20,  1862,  entitled,  "An  Act  to  secure  homesteads  to  actual  settlers  on  the 

piiblic  domain,"  do  solemnly  swear  that ,  [here  sute  whether  the  applicant  is  the  head  of  a  family, 

or  over  twenty-one  years  of  age;  whether  a  citizen  of  the  United  States,  or  has  filed  his  declaration  of  intention 
of  becoming  such,  or,  if  under  twenty-one  years  of  age,  that  he  has  served  not  less  than  fourteen  days  in  the 
Army  or  Navy  of  the  United  States  during  actual  war;]  that  said  entry  is  made  for  my  own  exclusive  t)enefit, 
and  not  directly  or  indirectly  for  the  benefit  or  use  df  any  other  person  or  persons  whomsoever;  neither  have  I 
heretofore  perfected  or  abandoned  an  entry  made  under  this  act ;  that  the  land  embraced  in  the  said  application 
No. is  intended  for  an  adjoining  farm  homestead,  that  I  now  own  and  reside  upon,  an  original  farm  contain- 
ing   acres,  and  no  more :  that  the  same  comprises  the of  section  ,  township ,  range 

,  and  is  contiguous  to  the  tract  this  day  applied  for. 

Sworn  to  and  subscribed  this day  of before 

0/  tfu  iMttd  Offici 

On  compliance  by  the  party  with  the  foregoing  requirements,  relating  to  an  original  or 
adjoining  farm  homestead,  the  receiver  will  issue  his  receipt  for  the  fee  and  that  part  of  the 
commissions  paid,  as  folloAvs,  a  duplicate  of  which  he  will  deliver  to  the  party : 

Receiver's  Receipt,  No. .  Application  No. . 

HOMESTEAD. 

Receiver's  Office, 


{Date) 


Received  from  '  ,  of county, ,  the  sum  of dollars  and  cents,  being  the 

amount  of  fee  and  compensation  of  register  and  receiver  for  the  entr>'  of of  section  in  township 

,  of  range ,  under  section ,  Revised  Statutes  of  the  United  States. 

,  Receiver. 

ENTRIES   UNDER   LAW  OF   MARCH    3,    1879  (*). 

Any  person  who  has  under  existing  laws  taken  a  homestead  on  any  even  section  within  the 
limits  of  any  railroad  or  military  road  land  grant,  and  who  by  existing  laws  shall  have  been 
restricted  to  So  acres,  may  enter  under  the  homestead  laws  an  additional  80  acres  adjoining 
the  land  embraced  in  his  original  entry,  if  such  additional  land  be  subject  to  entry,  without 
payment  of  fees  and  commissions.  The  residence  and  cultivation  of  such  person  upon  and  of 
the  land  embraced  in  his  original  entry  shall  be  considered  residence  and  cultivation  for  the 
same  length  of  time  upon  and  of  the  land  embraced  in  his  additional  entry,  and  shall  be 
deducted  from  the  five  years  residence  required  by  law;  with  the  proviso,  however,  that  in  no 
case  shall  patent  issue  until  the  person  has  actually,  and  in  conformity  with  the  homestead 
laws,  occupied,  resided  upon,  and  cultivated  the  land  embraced  in  his  additional  entry  at  least 
one  year. 

Upon  any  party  proposing  to  enter  such  additional  tract,  the  Register  and  Receiver  will 
require  him  to  mak?  homestead  application  and  affidavit  according  to  annexed  forms : 

ADDITIONAL   HOMESTE.\D. — ACT   OF   MARCH   3,    1 879. 
Application  )  Land  Office  at , 


{Date) 


.  do  Iiereby  apply  to  enter,  under  the  act  of  March   3,  1879,  the of  sec*io» 

-,  in  township ,  of  range ,  containing acres,  as  additional  to  my  entry  No. ,  for  the 

of ,  section ,  in  township ,  of  range . 

(»>  General  Land  Office  Instructions,  October  i,  1880,  p.  19. 


28  THE   AMERICAN   SETTLER'S   GUIDE. 


Land  Office  at 
(Date) 


I,' ,  Register  of  the  Land  Office,  do  hereby  certify  that  the  above  application  is  for  surveyed  lands, 

of  the  class  which  the  applicant  is  legally  entitled  to  ej^ter  under  the  act  of  March  3,  1879,  and  that  there  is  no 
■orior  valid  adverse  right  to  the  same. 

,  Renter. 

ADDITIONAL  HOMESTEAD. — ACT  OF  MARCH   3,  1 879. 

AFFIDAVIT. 

Land  Office  at , 

{Date) ,  18—. 

I, ,  of ,  having  filed  my  application,  No. ,  for  an  entrj'  under  the  Act  of  March  3,  1879, 

do  solemnly  swear  that  [here  state  whether  tlie  applicant  is  the  head  of  a  family,  or  over  twenty-one  years  of 
age;  whether  a  citizen  of  the  United  States,  or  has  filed  his  declaration  of  intention  of  becoming  such;  or,  if 
under  twenty-one  years  of  age,  that  he  has  served  not  less  than  fourteen  days  in  the  Army  or  Navy  of  the  United 

States  during  actual  war] ;    that  said  application  No. is  made  for  my  exclusive  benefit ;  and  that  said  eniry 

is  jnade  for  the  purpose  of  actual  settlement  and  cultivation,  and  not,  directly  or  indirectly,  for  the  use  or  benefit 
of  any  other  person  or  persons  whomsoever,  and  that  I  have  not  heretofore  had  the  benefit  of  said  act. 


Sworn  to  and  subscribed,  this day  of ,  before 


Register  [or  Receiver]. 

In  this  class  of  entries  the  party,  if  still  resident  on  the  original  entry  tract,  will  not  be  re- 
quired to  remove  therefrom  to  the  additional  entry  tract  in  order  to  make  a  ncM^  residence  on 
the  latter,  as  the  two  forming  one  body  of  land,  residence  on  either  will  be  regarded  as  satisfy- 
ing the  legal  requirement ;  but  in  making  final  proof  on  the  additional  entry,  the  party  must 
show  such  residence,  with  occupancy  and  cultivatioa  of  the  tract  taken  as  additional  for  five 
years  from  the  date  of  entry  thereof,  less  the  time  to  be  deducted  on  account  of  residence  and 
cultivation  on  the  original  entry,  which  shall  not  exceed  four  years  in  any  case. 

Should  the  person  so  elect  he  may,  instead  of  making  an  additional  entry,  sun-ender  his 
existing  entry  to  the  United  States  for  cancellation,  and  thereupon  be  entitled  to  enter  lands 
ander  the  homestead  laws  the  same  as  if  the  surrendered  entiy  had  not  been  made,  with  the 
same  provisions,  as  regards  fees  and  commissions  not  being  required,  and  requiring  settlement 
and  cultivation,  occupation  and  residence,  as  have  been  already  stated  with  regard  to  additional 
entries.  In  case  of  any  party  electing  to  surrender  his  entry  under  this  act,  the  Register  and 
Receiver  will  receive  his  relinquishment  in  the  usual  form,  which  shall  specify  for  what  purpose 
made,  and  be  accompanied  by  the  duplicate  receipt  issued  foij  the  reUnquished  entry,  or  by  a 
statement  under  oatli  showing  a  good  reason  for  its  absence. 

Any  party  claiming  the  right  to  make  an  additional  entry  or  to  surrender  an  old  and  make  a 
new  one,  will  be  required  first  to  make  afiidavit  that  he  did  not  serve  as  a  soldier  or  sailor  for 
ninety  days  during  the  late  civil  war  and  receive  an  honorable  discharge  from  the  Army  or 
Navy  ;  for  if  so,  he  would  not  be  entitled  to  the  right  claimed,  as  the  class  of  persons  who  so 
served  and  were  discharged  were  not  restricted  to  eighty  acres  under  the  previously  existing 
laws,  as  indicated  below.  This  afiidavit  may  be  made  before  any  officer  using  a  seal  and 
autliorized  to  administer  oaths,  or  before  the  Register  or  Receiver  of  tlie  district  office. 

INDIAN    HOMESTEADS. 

Indians  who  have  abandoned  their  tribal  relations  and  adopted  the  habits  and  pursuits  of 
civilized  life  are  allowed  to  make  homestead  entries.  Special  forms  are  provided  in  such 
cases. 

RULINGS. 

Below  will  be  found  abstracts  of  decisions  made  by  the  Interior  Department  and  the  General 
Land  Office  on  applications  to  enter  land  under  the  homestead  acts : 

A  single  woman  who  makes  an  entry  under  the  homestead  laws  does  not  forfeit  her 
rights  by  marriage,  provided  the  requirements  as  to  settlement  and  cultivation  are  complied 
with(»). 

A  married  woman  deserted  by  her  husband  made  a  homestead  entry  and  provided  me;ins  for 
improving  and  cultivating  the  land  embraced  therein.  Notwithstanding  her  husband's  return, 
she  will,  upon  making  satisfactory  final  proof,  receive  the  patent  in  her  own  nameC*). 

The  marriage  of  a  woman  to  a  Mormon,  who  has  a  wife  living  from  whom  he  is  not  di- 

f»)  W.  H.  Werdelange,  f^ifui  0'7,me,-,  \'<A.  1,  p.  3.  (»>)  Ella  Nelson,  Lan^  Chvner,  Vol.  .,  p.  4. 


THE  AMERICAN  SETTLER'S  GUIDE.  2'.> 

vorced,  does  not  make  her  the  legal  wife  of  such  person,  so  as  to  disqualify  her  from  enterimi 
public  lands.  But  where  such  polygamous  wife  allows  her  pretended  husband  to  control  her 
acts,  and  maintains  her  marital  relations  with  him,  she  cannot  be  allowed  to  make  an  entry 
of  pubhc  lands,  where  the  laws  governing  the  same  require  that  the  entry  must  be  made  foi 
the  exclusive  use  and  benefit  of  the  apphcant(*). 

An  abandoned  wife  is  regarded  as  the  head  of  a  family,  and  her  rights  will  receive  .due 
consideration.  WTien  she  and  her  children  are  still  residing  upon  the  homesftad  entered  by 
her  absent  husband,  the  entry  cannot  be  cancelled  for  abandonment(^). 

A  woman  may  commute  her  deceased  husband's  entry  and  receive  a  patent  in  Iier  own 
name,  and  aftersvards  may  make  another  homestead  entry  in  her  own  right  {**). 

Tlie  entry  of  a  minor,  rot  the  head  of  a  family,  is  void,  and  does  not  exclude  him  from 

aking  a  leijal  entry  on  attaining  his  majority(*^). 

Orphan  children  of  other  than  deceased  Union  soldiers  and  sailors,  whose  widows  are  dead 
or  married,  cannot  make  homestead  entries  through  guardians(«). 

A  homestead  entry  cannot  be  made  for  an  "  incompetent"  person  by  his  guardian(^.  • 

It  is  no  part  of  the  duties  of  the  registers  and  receivers  of  the  United  States  Land  Offices  to 
nmke  out  applications  for  homestead  or  pre-emption  settlers(e). 

In  cases  of  simultaneous  applications  to  enter  under  the  homestead  laws,  the  rule  is  as 
follows : 

1.  Where  neither  party  has  improvements  on  the  land,  it  should  be  sold  to  the  highest 
bidder. 

2.  WTiere  one  has  actual  settlement  and  improvements,  and  the  other  none,  it  should  be 
awarded  to  the  actual  settler. 

3.  Where  both  allege  settlement  and  improvements,  an  investigation  must  be  had,  and  the 
land  be  awarded  to  him  who  shows  the  prior  actual  settlement  and  substantial  improvements, 
so  as  to  be  notice  on  the  ground  to  any  competitorC^). 

In  case  of  death  of  homestead  settler,  leaving  no  widow  or  children,  the  legal  heirs  may 
commute  or  continue  residence;  the  final  papers  will  then  be  made  out  in  the  name  of  "the 
heirs,"  The  heirs  would  not  be  debarred  thereby  from  making  each  a  homestead  entry  in 
his  own  name(*). 

A  party  who  neglects  to  examine  the  character  of  land  entered  by  him  under  the  homestead 
laws  must  suffer  the  consequences.     He  cannot  be  allowed  to  make  another  entry  (J) . 

\Vhere  a  homestead  claimant's  land  has  become  totally  valueless  for  farming  purposes  by 
reason  of  the  overflow  or  back  water  of  a  river,  he  will  be  allowed  to  make  another  homestead 
entry,  with  credit  for  fees  and  commissions.  In  the  event  of  a  new  homestead  entry,  he  will  be 
required  to  show  compliance  with  the  law  as  though  he  had  made  no  previous  entry (*). 

An  application  handed  to  the  Receiver  after  ofhce  hours  on  the  street,  without  the  fee,  is  nof 
a  legal  application('). 

Land  appropriated  for  any  public  use  is  not  subject  to  entry  under  the  Homstead  Laws. 
The  appropriation  of  land  by  the  Government  is  setting  it  apart  for  some  particular  use,  zs 
Congress  set  apart  the  land  embraced  in  the  Hot  Springs  reservation  (™). 

A  homestead  entry  becomes  effective  only  when  made  at  the  local  office,  and  not  when  th^ 
affidavit  is  taken  before  a  county  clerk.  The  only  benefit  derived  from  settlement  is  the  privi 
lege  in  certain  homestead  cases  of  making  the  required  affidavit  before  the  county  clerk(''). 

(•)  Lyons  vs.  Stevens,  Land  Oitmtr,  Vol.  6,  p.  107. 
(*)  Thompson  vs.  Anderson,  Land  Owner,  Vol.  6,  p.  125. 
(•)Adolphine  Hedensky,  Land  Owmr,Yo\.  2,  p.  83. 

(*)  Thomas  Thompson,  Land  Owner,  Vol.  i,  p.  99.     M.  S.  Woodford,  Land  Owner,  Vol.  6,  p.  125.     Root 
vt.  Smith,  Land  Oivner,  Vol.  6,  p.  45. 
{•)  J.  A.  Balch,  Land  Owner,  Vol.  i,  p.  149.  (0  W.  R.  Ledford,  Land  Owner,  Vol.  5,  p.  165. 

(c)  T.  C.  Shapleigh,  Land  Owner,  Vc!.  5.  p.  147.     («>)  Helfrich  vs.  King,  Land  Owner,  Vol.  3,  pp.  19,  164. 
0)  R.  J.  Simonson,  Land  Ozvner,  Vol.  i,?.  35.         (J)  J.  O.  Nightingale,  Land  Owner,  Vol.  4,  p.  146. 
09  H.  J.  Johnson,  Land  Oiimer,  Voi.  4,  p.  83.         Q)  Gregory  vs.  Kirtland,  Copp's  Public  Land- Laws,  p.  »a8. 
(")Hot  Springs  Reservation,  Lan^!  Owner,  VoL  2,p.  100.     (»)G.  Zentenhorst,  Land  Owner,  Vol.  i,  p  139. 


-^  THE   AxMERiCAN   SETfLER'S   GUIDE. 

Where  notices  of  cancellation  of  entries  are  received  at  the  local  office  after  business  hours, 
liie  land  embraced  therein  is  not  subject  to  entry  or  filing  until  the  usual  opening  hour  on  the 
following  morning(*). 

The  right  to  tax  lands  of  the  United  States,  entered  under  the  homestead  laws,  does  not 
accrue  to  the  State  until  the  expiration  of  the  period  of  residence  and  cultivation,  and  until  the 
final  proof  required  by  law  shall  have  been  made  and  approved,  and  the  final  homestead  cer- 
tificate issuedC*). 

Where  a  second  contest  was  initiated  prior  to  the  determination  of  a  prior  contest,  and*  th*^ 
homestead  entry  in  question  was  cancelled  as  a  result  of  the  first  contest,  the  second  contestant 
has  no  preference  right  of  entry  should  the  first  contestant  fail  to  make  entry.  The  land  in 
that  case  would  be  open  to  the  fiist  legal  applicant(*'). 

After  lands  have  been  offered  at  public  sale  and  then  withdrawn,  they  may  be  restored  to 
home':tead  and  preemption  entry.  Until  they  have  again  been  offered  at  pubUc  sale,  they  are 
not  suoject  to  private  entry  ("*). 

Where  the  quantity  of  land  sought  to  be  entered  is  eighty  acres  and  a  fraction  of  an  acre 
more,  i.  e.  is  less  than  eighty-one  acres,  the  fee  required  is  only  $5.00 — not  ^io.oo(«). 

A  party  cannot  initiate  a  homestead  claim  to  land  covered  by  an  uncancelled  prior  home- 
^e;id  entry  (^), 

b.    RESIDENCE  AND  CULTIVATION. 

By  making  an  entry  an  inceptive  right  is  vested  in  the  settler,  and  his  final  title  depends 
on  his  residence  upon  and  cultivation  of  the  land  embraced  in  his  claim.  This  residence 
and  cultivation  must  continue  five  years  unless  he  was  a  soldier  or  sailor  in  the  late  war 
(See  Soldiers'  and  Sailors'  Homesteads) ;  or  if  he  prefers  to  pay  for  his  land,  as  at  private 
entry,  he  may  after  six  months'  settlement  and  cultivation  make  the  necessary  proof.  This 
early  payment  is  called  commuting  a  homestead  entry.  (See  Final  Proof  and  Commu- 
tation.) 

The  refusal  of  the  wife  to  live  on  a  homestead,  provided  the  husband  complies  with  the  law, 
will  not  injure  his  rights(8). 

A  man  and  woman,  after  making  each  a  homestead  entry,  may  marry  without  invalidating 
their  rights,  if  the  law  is  complied  with  as  to  residence  *  and  .cultivation.  Either  homestead 
may,  if  they  choose,  be  commutedC*). 

Where  a  man  and  woman  marry  after  each  has  made  a  homestead  entry  of  adjoining  land, 
they  may  live  in  a  house  built  on  the  dividing  line  between  the  two  homesteads('). 

Residence  in  a  double  house,  built  on  the  dividing  line  between  adjoining  homesteads,  is 
residence  in  compliance  with  the  law(J). 

After  a  homesteader  has  completed  the  term  of  five  years,  a  fuither  residence  is  not  required 
to  entitle  him  to  patent^^). 

Residence  for  the  period  of  five  years  from  date  of  entry  on  the  tract  claimed  is  a  compliance 
with  the  Homestead  Law ;  but  the  question  of  such  residence  may  under  proper  restriction  be 
investigated  at  any  time  before  issuance  of  patent('). 

Where  a  homestead  claimant  has  failed  to  comply  with  the  law  in  the  matter  of  residence, 
-he  may,  where  he  has  been  prevented  by  circumstances  beyond  his  control,  and  his  good  faitli 
IS  evident,  be  allowed  additional  time  to  comply  therewith  («"). 

The  homestead  entry  of  a  party  who  failed  to  establish  permanent  and  exclusive  residence 

(»)  George  Noble,  Land  Owner,  Vol.  2,  p.  34. 

C*)  W.  C.  Means,  Land  Owner,  Vol.  2,  p.  148.     George  Bates,  Land  Owner,  Vol.  1,  p.  155.     E.  E.  Zitman, 
Land  Owner,  Vol.  2,  p.  155.     J.  H.  Merritt,  Land  Owtter,  Vol.  5,  p.  147. 
(«)  Bennett  vs.  Collins,  L.ind  Owner,  Vol.  8,  p.  172.        (d)  Thomas  Holland,  Land  Oivner,  Vol.  4,  p.  44. 
(•)  Alcide  Guidney,  Land  Owner,  Vol.  8,  p.  157.  (')  B.  W.  Wilson,  Latid  Owner,  Vol.  i,  p.  114. 

(«)  O.  A.  A.  Gardiner,  iMnd  Owner,  Vol.  i,  p.  92.  (»»)  A.  J.  Buckland,  Land  Owner,  Vol.  4,  p.  107. 

(«)  A.  C.  Sowle,  et  al..  Land  Owner,  Vol,  6,  p.  93.  (J)  W.  S.  Headlee,  Land  Owner,  Vol.  i.  p.  51. 

(i)  Joseph  Fisher,  Land  Oivner,  Vol.  i,  p.  51.  (•)  Webs.  vs.  Gourley,  Land  Owner,  Vol.  3,  p.  x^ 

(«n)  Adam  Licklider,  Land  Owner,  Vol.  4,  p.  131. 


THE  AMERICAN   SETTLER'S   GUIDE.  $i 

on  the  tract  until  three  and  one-half  years  after  date  of  entry,  should  be  held  in  abeyance  untii 
the  expiration  of  five  years  from  settlement,  and  his  case  be  submitted  to  the  Board  of  Equitable 
Adjudication,  established  to  determine  in  what  cases  patents  shall  issue  where  tlie  law  has  been 
■substantially  complied  with(*). 

A  party  who  enters  a  homestead  and  attempts  to  acquire  title  thereto  by  going  upon  the  land 
and  remaining  over  night  once  or  twice  in  six  months,  fails  to  establish  a  legal  residence  ;  and 
where  it  is  shown  tliat  such  failure  to  comply  with  the  provisions  of  the  law  was  not  the  resuk 
of  ignorance  or  of  uncontrollable  circumstances,  the  entry  should  be  cancelled(*»). 

Such  cases  as  the  above  should  not  be  submitted  to  the  Board  of  Equitable  Adjudication. 
Cases  going  before  this  Board  are  limited  to  those  in  which  the  ^ooi/  faith  of  the  claimant 
appears  unquestionable  (Ibid). 

A  party  while  having  an  actual  residence  on  his  claim,  may  work  elsewhere  for  other  people 
a  few  weeks  at  a  time. 

An  entry  is  liable  to  be  cancelled  for  failure  in  respect  to  residence,  and  the  land  given  to 
some  one  else.  Residence  is  not  required  on  an  "Adjoining  Farm  Homestead."  There  must 
be  continued  residence  on  the  original  farm,  however,  and  use  of  the  additional  land  in  con- 
nection therewith. 

Where  a  homestead  settler  dies  before  the  completion  of  his  claim,  the  widow,  or  in  case  oi 
her  death,  the  heirs,  may  continue  settlement  or  cultivation,  and  obtain  title  upon  proper  procrf 
at  the  right  time.  If  the  widow  proves  up,  the  title  passes  to  her;  if  she  dies  before  proving 
up,  and  the  heirs  make  the  proof,  the  title  will  vest  in  them. 

Where  both  parents  die,  leaving  infant  children,  the  homestead  may  be  sold  for  cash  for  the 
^nefit  of  such  children,  and  the  purchaser  will  receive  title  from  tlie  United  States ;  or  the 
patent  will  issue  to  the  infants  on  proof  of  settlement  or  cultivation  for  the  prescribed  period. 
I'he  law  is  substantially  complied  with  by  continual  cultivation  for  the  period  of  five  years  by 
he  heirs  or  devisee,  personal  residence  not  being  required  in  their  case(<'). 

The  sale  of  a  homestead  claim  by  the  settler  to  another  party  before  completion  ot  title  is  noi 
recognized,  and  vests  no  title  or  equities  in  the  purchaser.  In  making  final  proof,  the  settler  is 
by  law  required  to  swear  that  no  part  of  the  land  has  been  alienated,  except  for  church,  cem 
etery,  or  school  purposes,  or  the  right  of  way  of  railroads. 

C.   AMENDMENT. 

Where  a  party  desires  to  amend  his  homestead  papers  on  the  ground  that  they  do  ntl 
describe  the  tract  he  intended  to  apply  for  and  has  actually  settled  upon,  he  must  with  his 
ippUcation  for  amendment  send  to  the  Register  and  Receiver  an  affidavit  sustained  by  tlie 
affidavit  of  two  witnesses,  wherein  he  sets  forth  that  he  had  within  six  months  from  date  of 
original  appUcation  actually  settled  on  the  described  tract,  and  give  in  full  the  character  of  the 
improvements  made. 

Where  a  party  desires  the  cancellation  of  his  entry  on  account  of  a  prior  legal  claim  having 
attached  to  the  land  so  entered,  he  must  send  with  his  application  an  affidavit,  corroborated  as 
before  by  two  witnesses,  showing  number,  date,  and  nature  of  the  prior  claim,  and  the  extent 
of  the  improvements,  if  any,  which  may  have  been  madeC*). 

A  homestead  party  whose  entry  is  cancelled  in  part  for  conflict,  may  retain  the  reroaindar 
and  amend  his  entiy  to  embrace  a  contiguous  vacant  tract,  not  to  exceed  the  quantity  in  laa 
original  entry (^). 

A  claimant  has  a  right  to  obtain  the  correction  of  a  clerical  error  in  his  entry  papers,  mis- 
describing  the  land  settled  upon  and  cultivated ('). 

(•)  Thorsten  Olsen,  Land  Owner,  Vol.  5,  p.  117.  (b)  Byrne  vs.  Catlin,  Land  Owner,  Vol.  5,  p.  146- 

(•)  Dorame  vs.  Towers,  Land  Otvner,  Vol.  2,  p.  131. 

(*)  General  Land  Office  Instructions,  Copp's  Public  Land  Laws,  p.  2j(f^ 

(•)  Thomas  C.  Marks,  Copp's  Public  Land  Laws,  p.  240. 

{*)  Jefferson  Newcomb,  Land  Owner,  Vol.  a,  p.  i6« 


32  '■rri.KR'S    GUIDK. 

c:iKCUl.AI<.    iS    KELATlO^i    TO    CHANGES    OF    ENTRY. 

The  following  circular  of  instructions  from  the  General  Land  Office  is  so  full  and  explici{ 
chat  it  is  given  at  lengtla : 

Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C.,  Aug^ust  8,  1878. 
7^0  Registers  and  Receivers  of  U.  S.  Land  Offices. 

Gentlemen  :  In  order  to  secure  uniformity  in  proceedings  upon  applications  for  Change  oi ' 
Entry,  attention  is  called  to  the  follo\\ing  sections  of  the  Revised  Statutes  and  accompanying 
instructions :' 

Section  2369.  In  every  case  of  a  purchaser  of  public  lands,  at  private  sale,  having  en- 
tered at  the  land  office  a  tract  different  from  that  he  intended  to  purchase,  and  being  desirous 
of  having  the  error  in  his  entry  corrected,  he  shall  make  his  application  for  that  puq^ose  tL> 
the  Register  of  the  land  office,  and  if  it  appears  from  testimony  satisfactory  to  the  Register 
and  Receiver  that  an  en-or  in  the  entry  has  been  made,  and  tliat  the  same  was  occasioned  by 
original  incorrect  marks  made  by  the  surveyor,  or  by  the  obliteration  or  change  of  the  originai 
marks  and  numbers  at  corners  of  the  tract  of  land;  or  that  it  has  in  any  otherwise  arisen 
from  mistake  or  error  of  the  surveyor,  or  officers  of  the  land  office,  the  Register  and  Receivei 
shall  report  the  case,  with  the  testimony,  and  their  opinion  thereon,  to  the  Secretary  of  the 
Interior,  who  is  authorized  to  direct  that  the  purchaser  is  at  liberty  to  withdraw  the  entry  so 
erroneously  made,  and  that  the  moneys  which  have  been  paid  shall  be  applied  in  the  purcliase 
of  other  lands  in  the  same  district,  or  credited  in  the  payment  for  other  lands  wliich  have  been 
purchased  at  the  same  office. 

Section  2370.  The  provisions  of  the  preceding  section  are  declared  to  extend  to  all  cases 
where  patents  have  been  issued,  or  may  hereafter  issue ;  upon  condition,  however,  that  the  party 
concerned  surrenders  his  patent  to  the  Commissioner  of  the  General  Land  Office,  with  a  relin- 
quishment of  title  tliereon,  executed  in  a  form  to  be  prescribed  by  the  Secretary  of  the  Interior. 

Section  2371.  The  provisions  of  the  two  preceding  sections  are  made  applicable  in  all 
respects  to  errors  in  the  location  of  land-warrants. 

Section  2372.  In  all  cases  of  an  entry  hereafter  made  of  a  tract  of  land  not  intended  to 
be  entered,  by -a  mistake  of  the  true  numbers  of  the  tract  intended  to  be  entered,  where  the 
tract  thus  erroneously  entered  does  not  in  quantity  exceed  one-half  section,  and  where  tlie 
certificate  of  the  original  purchaser  has  not  been  assigned,  or  his  right  in  any  way  transferred, 
the  purchaser,  or,  in  case  of  his  death,  the  legal  representatives,  not  being  assignees  or  trans- 
ferees, may,  in  afiy  case  coming  within  the  provisions  of  this  section,  file  his  own  affidavit, 
with  such  additional  evidence  as  can  be  procured,  showing  the  mistake  of  the  numbers  of  the 
tract  intended  to  be  entered,  and  that  every  reasonable  precaution  and  exertion  had  been  used 
to  avoid  the  error,  with  the  Register  and  Receiver  of  the  land  district  within  which  such  tract 
of  land  is  situated,  who  shall  transmit  the  evidence  submitted  to  them  in  each  case,  together 
with  their  written  opinion,  both  as  to  the  existence  of  the  mistake  and  the  credibility  of  each 
person  testifying  thereto,  to  the  Commissioner  of  the  General  Land  Office,  who,  if  he  be  en- 
tirely satisfied  that  the  mistake  has  been  made,  and  that  every  reasonable  precaution  and  ex- 
ertion had  been  made  to  avoid  it,  is  authorized  to  change  the  entry  and  transfer  the  payment 
from  the  tract  erroneously  entered  to  that  intended  to  be  entered,  if  unsold ;  but  if  sold,  to  any 
other  tract  liable  to  entry ;  but  the  oath  of  the  person  interested  shall  in  no  case  be  deemed 
sufficient,  in  the  absence  of  other  corroborating  testimony,  to  authorize  such  change  of  entry ; 
nor  shall  anything  herein  contained  affect  the  right  of  third  persons. 

It  will  be  observed  that  section  2369  is  intended  to  afford  relief  to  purchasers  of  public 
lands  at  private  sale  whose  errots  in  entries  have  been  occasioned  by  the  original  incorrect 
marking  by  the  surveyor,  or  by  the  subsequent  change  or  obliteration  of  those  marks,  or  by  any 
other  error  originating  either  with  the  surveyor  or  the  land  officers. 

Section  2370  extends  the  foregoing  provision  to  cases  where  patents  have  been  or  may  be 
issued. 


THE   AMERICAN   SETTLER'S   GUIDE.  3^ 

Section  2371  extends  the  provisions  of  both  the  preceding  sections  to  error;  in  the  location 
of  land  warrants. 

Section  2372,  further  extending  these  provisions,  applies  to  ?.ll  classes  of  entries,  and  also 

mbraces  cases  where  the  error  was  not  occasioned  by  any  act  of  the  surveyor  or  of  the  land 

officers,  but  restricts  changes  of  entry  to  cases  in  which  the  tract  erroneously  entered  does  not 

in  quantity  exceed  one-half  section,  and  where  the  certificate  of  the  original  purchaser  has 

not  been  assigned  or  his  right  in  any  way  transferred. 

Change  of  entry  may  therefore  be  allowed  in  accordance  with  these  provisions,  in  respect 
to  either  of  the  following  classes  of  cases,  viz. : 

Purchases  at  public  sale. 

Private  entries. 

Pre-emption  entries. 

Military  bounty  land-warrant  locations. 

Scrip  locations,  etc. 

A  change  of  entry,  when  allowed,  will  be  made  from  the  tract  erroneously  entered  to  that 
intended  to  have  been  entered,  if  vacant ;  but  if  not  vacant,  the  change  may  be  made  to  any 
other  tract  liable  to  entry. 

APPLICATION    FOR   CHANGE   OF   ENTRY. 

The  application  must,  in  all  cases,  be  made  by  the  party  making  the  original  entry,  or,  in 
case  of  his  death,  by  his  legal  representatives,  not  being  assignees  or  transferees. 

The  applicant  must  file  an  affidavit  showing  the  nature  and  particular  cause  of  the  error, 
and  that  every  reasonable  and  proper  precaution  had  been  used  to  avoid  it,  accompanied  by 
the  best  corroborative  testimony  that  can  be  procured.  The  oath  of  the  party  interested  is 
not  of  itself  sufficient. 

The  affidavit  must  also  show  that  the  land  erroneously  entered  has  not  been  transferred  or 
otherwise  encumbered. 

This  evidence,  together  with  your  joint  opinion  as  to  the  existence  of  the  mistake,  and  the 
credibility  of  each  person  testifying  thereto,  will  be  forwarded  for  the  decision  of  this  office. 

Where  a  patent  has  not  been  issued,  you  will  require  the  surrender  of  the  duplicate  receipt, 
or  certificate  of  location  (as  the  case  may  be),  accompanied  by  the  affidavit  of  the  party  that 
he  has  not  sold,  assigned,  nor  in  any  way  encumbered  the  title  to  the  land  described  in  the 
application,  and  that  said  title  has  not  become  a  matter  of  record. 

Where  a  patent  has  issued  it  must  be  surrendered. 

Where  the  title  has  become  a  matter  of  record,  and  in  all  cases  where  patent  has  issued, 
jrou  will  require  a  quit  claim  deed,  or  release,  to  the  United  States,  which  deed  must  be  exe- 
cuted, acknowledged,  and  recorded  in  accordance  with  the  laws  of  the  State  or  Territory  in 
which  the  land  is  situated.  You  will  also  require  a  certificate  from  the  county  clerk,  or  other 
officer  having  charge  of  the  books  in  which  any  conveyance  of  the  land  is  required  to  be 
recorded  to  give  it  validity,  stating  that  the  records  of  such  office  do  not  exhibit  any  convey- 
ance or  other  encumbrance  of  the  land  in  question.  In  the  case  of  a  married  man,  a  properly 
executed  release  of  dower  by  the  wife  must  be  furnished. 

WHEN  CHANGE  OF   ENTRY   IS   ALLOWED. 

In  all  cases  of  application  for  a  change  of  entry,  when  the  evidence  is  satisfactory,  a  new 
Register's  certificate  will  be  authorized  by  this  office,  which  certificate  will  bear  the  current 
Bumber  and  date,  and  will  be  indorsed  with  the  authority  for  such  change. 

The  tract  to  which  the  change  is  allowed,  its  area,  etc.,  will  be  reported  on  the  proper 
monthly  abstracts,  with  a  noting  in  red  ink  of  the  items  credited  from  the  old  certificate  and 
aot  included  in  the  footings. 

Any  excess  over  an  original  amount  will  be  accounted  for  as  in  case  of  other  excesses.  * 

Very  respcrtfully, 

}.  A.  WILLIAMSON,  Commissioner. 
Approved:  C  SCHUR2:,  Secretary, 

3 


34  THE  AMERICAN   SETTLER'S   GUIDE. 

d.   FINAL  PROOF  AND   COMMUTATION. 

The  law  is  explicit  in  requiring  final  proof  of  the  settler's  compliance  with  the  law  to  \» 
made  within  two  years  after  the  expiration  of  the  five  years  of  settlement  and  cultivation. 

Any  settler  desiring  to  make  final  proof  must  first  file  with  the  Register  of  the  proper  land 
office  a  written  notice  of  his  intention  to  do  so.  Such  notice  must  describe  the  land  claimed, 
and  the  claimant  must  give  the  names  and  post  office  addresses  of  the  witnesses  by  whom  the 
necessary  facts  as  tosettlement,  residence,  cultivation,  etc.,  are  to  be  established. 

'  NOTICE  OF   INTENTION   TO   MAKE   FINAL   PROOF. 

Land  Office  at 

{Date) ,  i8— . 

of ,  who  made  Homestead  Application  No.  — - —  (or  Pre-emption  Declaratory  State- 


% 


ment  No. ),  for  the ,  do  hereby  give  notice  of  my  intention   to  make  final  proof  to  establish 

my  claim  to  the  land  above  described,  and  that  I   expect  to  prove  my  residence  and  cultivation  before 

,  at ,  on ,  i8 — ,  by  two  of  the  following  witnesses  :    [names  and  post-office  addresses  of 

four  persons,]  

{Signature  of  claimant.) 

Land  Office  at , 

{Date)  ,  i8— . 

Notice  of  the  above  application  will  be  published  in  the ,  printed  at ,  which  I  hereby  designate 

as  the  newspaper  published  nearest  the  land  described  in  said  application. 

,  Register. 

The  filing  of  such  notice  must  be  accompanied  by  a  deposit  of  sufficient  money  to  pay  the 
cost  of  publishing  the  notice  to  be  given  by  the  Register ;  though  the  party  is  allowed  to 
make  a  contract  with  the  publisher  of  the  designated  newspaper,  and  so  need  not  deposit  the 
money  with  the  land  officers(''). 

Upon  the  filing  of  the  notice  by  the  applicant,  the  Register  shall  publish  a  notice  of  such 
application  once  each  week  for  a  period  of  thirty  days,  in  a  newspaper  which  he  shall  desig- 
nate, by  an  order  written  on  said  application,  as  published  nearest  the  land  described  in  the 
application,  and  he  shall  also  post  the  notice  in  some  conspicuous  place  in  his  office  for  the 
same  period.  A  compliance  with  the  law  will  require  the  notice  to  be  published  weekly  five 
times,  because  four  weekly  publications  would  not  cover  a  period  of  thirty  days. 

The  notice  to  be  given  by  the  Register  must  state  that  application  to  make  final  proof  has 
been  filed  ;  the  name  of  the  applicant ;  the  kind  of  entiy,  whether  homestead  or  pre-emption ; 
a  description  of  the  land,  and  the  names  and  residences  of  the  witnesses  as  stated  in  the 
application. 

NOTICE   FOR   PUBLICATION. 

Land  Office  at , 

,  i8— . 

Notice  is  hereby  given  that has  filed  notice  of  intention  to  make  final  proof  before 


at ,  on ,  18 — ,  on  Homestead  Application  No. (or  Pre-emption  Declaratory  State- 
ment No. ),  for  the . 

He  names  as  witnesses ,  of ,  and ,  of . 

,  Register. 

To  save  expeme,  the  Register  may  embrace  two  or  more  cases  in  one  publication,  when  it 
can  be  done  consistently  with  the  legal  requirements  of  publication,  in  a  newspaper  published 
nearest  the  land,  as  per  attached  form. 

CONSOLIDATED   NOTICE   FOR    PUHLICATION. 

Land  Office  at  , 

{Date)  ,  18—. 

Notice  is  hereby  given  that  the  following-named  settlers  have  filed  notice  of  intention  to  make  final  proof  in 

support  of  their  respective  claims  before  — —  at  — — ,  on ,  188-,  viz  : 

— — — ,  Homestead  Application  No. ,  for  the ,     Witnesses :  ■ — — — ,  of ,  and   ■ 

"   ■        •^-— .  Pre-emption  Declaratory  Statement  No. ,  for  the .     Witnesses  : ,  of , 

and  ■  ,  of . 

■■ ,  Register. 

The  proof  that  requisite  notice  has  been  given  will  be  the  certificate  of  the  Register  that  the 
notice  of  the  application  (a  copy  of  which  should  be  annexed  to  the  certificate)  was  posted  by 
hinrin  a  conspicuous  place  in  his  office  for  a  period  of  thirty  days;  and  the  affidavit  of  the 
publisher  or  foreman    of  the    newspaper  that   the  notice  (a   copy  of   which  notice  must  be 

(»)  Land  O-wner,  Vol.  6,  p.  93. 


THE  AMERICAN  SETTLER'S  GUIDE.  36 

annexed  to  the  affidavit)  was  published  in  said  newspaper  once  each  week  for  five  successive 
weeks. 

CERTIFICATE   AS   TO   THE   POSTING   OF   NOTICE. 

Lakd  Office  at  —— — , 

{Daie) ,  x&— . 

1,  ■  ,  Register,  do  hereby  certify  that  a  notice,  a  printed  copy  of  which  is  hereto  attached,  was  by 

me  posted  in  a  conspicuous  place  in  my  office  for  a  period  of  thirty  days,  I  having  first  posted  said  notice  on  the 

day  of ,  18 — . 

,  Register. 

PROOF   OF  PUBLICATION. 

(Copt  of  Notice.)    ^Qynty  of 1 1  ss, ,  being  duly  sworn,  deposes  and  says  that  he  is  the of  the 

,  a  newspaper  published  at ,  in county,  in  the  — ^—  of ;  that  the  notice  of  the  inten- 
tion of — ^—  (and )  to  make  final  homestead  proof,  a  copy  of  which  is  hereto  attached,  was  first 

published  in  said  newspaper  in  its  issue  dated  the  of  ,  188 — ,  and  was  published  in  each  weekly 

issue  of  said  newspaper  thereafter  for  the  full  period  of  thirty  days,  the  last  publication  thereof  being  in  the  issue 
dated  the of ,  r88— . 


Subscribed  and  sworn  to  before  me  this  — ^—  day  of  ,  A.  D.,  188 — . 

[Seal.]  ,  Notary  Public. 

In  making  final  proof,  the  homestead  party  may  appear  in  person  at  the  district  land 

office,  with  his  witnesses,  and  there  make  the  affidavit  and  proof  required  in  support  of  his 

claim ;  or  he  may  appear  with  his  witnesses  before  the  judge  of  a  court  of  record  of  the  county 

and  State,  or  district  and  Territory,  in  which  the  land  is  situated,  and  there  make  the  final 

proof  required,  as  follows,  which  proof,  duly  authenticated  by  the  court  seal,  is  required  to  be 

transmitted  by  the  judge,  or  the  clerk  of  the  court,  to  the  Register  and  Receiver,  together  with 

the  fee  and  charges  allowed  by  law. 

HOMESTEAD    PROOF. 
FINAL  AFFIDAVIT  REQUIRED  OF   HOMESTEAD   CLAIMANTS. 

I, ,  having  made  a  homestead  entry  of  the  section  No. ,  in  township  No. ,  of 

range  No. ,  subject  to  entry  at ,  under  section  No.  2289  of  the  Revised  Statutes  of  the  United  States. 

do  now  apply  to  perfect  my  claim  thereto  by  virtue  of  section  No.  2291  of  the  Revised  Statutes  of  the  United 

States  ;  and  for  that  purpose  do  solemnly that  I  am  a  citizen  of  the  United  States ;   that  I  have  made 

actual  settlement  upon  and  have  cultivated  said  land,  having  resided  thereon  since  the  day  of 

18 — ,  to  the  present  time;  that  no  part  of  said  land  has  been  alienated,  except  as  provided  in  section  228S  of  the 
Revised  Statutes,  but  that  I  am  the  sole  bona  fide  owner  as  an  actual  settler  ;  that  I  will  bear  true  allegiance  to 
the  Government  of  the  United  States;  and  further,  that  I  have  not  heretofore  perfected  or  abandoned  an  entry 
made  under  the  Homestead  Laws  of  the  United  States. 


— ,  of  the  land  office  at  ,  do  hereby  certify  that  the  above  affidavit  was  subscribed  and 


sworn  to  befon.  aic  this day  of ,  18 — , 


HOMESTEAD  PROOF. 
TESTIMONY  OF  CLAIMANT. 

,  being  u^U^  as  a  witness  in  his  own  behalf  in  support  of  homestead  entry  No.  ,  &r 

,  testifies  as  folio vs  : 

Ques.  I.  What  is  your  iii>Mo— written  in  full  and  correctly  spelled— your  age,  and  post-office  address? 

Ques.  2,  Are  you  a  native  cl  the  United  States,  or  have  you  been  naturalized? 

Ans.  . 

Ques.  3.  When  was  your  hotsc  built  on  the  land,  and  when  did  you  establish  actual  residence  therein  ?  (Do- 
scribe  said  house  and  other  imptovements  which  you  have  placed  on  the  land,  giving  total  value  thereof.) 

Ans. . 

Ques.  4.  Of  whom  does  your  family  consist ;  and  have  you  and  your  family  resided  continuously  on  the  la&d 
since  first  esublishing  residence  ti^e^oon  ?     (If  unmarried,  state  the  fact.) 

Ans. . 

Ques.  5.  For  what  period  or  periods  have  you  been  absent  from  the  homestead  since  making  settlement,  and 
for  what  purpose;  aud  if  temporarily  absent,  did  your  family  reside  upon  and  cultivate  the  land  during  such 
absence  ? 

Ans. . 

Ques.  6.  How  much  of  the  land  have  you  cultivated,  and  for  how  many  seasons  have  you  raised  crops  thereon  f 

Ans. , 

Ques.  7.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  the  land?  (If  so,  describe  what 
they  are,  and  state  whether  the  land  is  more  valuable  for  agricultural  than  for  mineral  purposes.) 

Ans, . 

Ques.  8.  Have  you  ever  made  any  other  homestead  entry?     (If  so,  describe  the  same.) 

Ans. . 

Ques.  9,  Have  you  sold,  conveyed,  or  mortgaged  any  portion  of  the  land ;  and  if  so,  to  whom,  and  for  what 
purpose? 

AJas. . 


I  HBREBT  CERTIFY  that  the  foregoing  testimony  was  read  to  the  claimant  before  being  subscribed,  and 
•worn  to  before  me  this day  of  ■      ■    ,  ia&-. 


36  THE  AMERICAN  SETTLER'S  GUIDE. 

Note. — If  natural ired,  the  claimant  must  file  a  certified  copy  of  his  certificate  of  naturalization.  In  a  com- 
muted homestead,  a  foreign-born  claimant,  if  not  naturalized,  must  file  a  certified  copy  of  his  declaration  of 
intention.  In  making  proof,  the  party  must  surrender  his  original  duplicate  receipt,  or  file  affidavit  of  its  loss. 
Note. — The  officer  before  whom  the  testimony  is  taken  should  call  the  attention  of  the  witness  to  the  follow- 
ng  section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  ofthe  Government,  if  it  be  ascertained 
hat  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  ofthe  law. 

Title  LXX.— CRIMES  — Ch.  4. 
Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
case  in  which  a  law  ofthe  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  de- 
pose, or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed  is 
true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  does  not  believe  to  be 
true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by  im- 
prisonment, at  hard  labor,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  incapable  of  giving  tes- 
timony in  any  court  ofthe  United  States  until  such  time  as  the  judgment  against  him  is  reversed.     [See  g  1750,] 

HOMESTEAD   PROOF. 

TESTIMONY   OF   WITNESS. 

,  being  called  as  a  witness  in  support  of  the  Homestead  entry  of ,  for ,  testifies  as 

follows : 

Ques.  I.  What  is  your  occupation,  and  where  is  your  residence? 

Ans.  . 

Ques.  2.  Have  you  been  well  acquainted  with ,  the  claimant,  in  this  case,  ever  since  he  made 

his  homestead  entry  No. ? 

Ans. . 

Ques.  3.  Was  the  claimant  qualified  to  make  said  entry  ?  (State  whether  the  settler  was  a  citizen  of  the 
United  States,  over  the  age  of  tweuty-one  years,  or  the  head  of  a  family,  and  whether  he  ever  made  a  former 
homestead  entry.) 

Ans. . 

Ques.  4.  When  did  claimant  settle  upon  the  homestead,  and  at  what  date  did  he  establish  actual  residence 
thereon?     (Describe  the  dwelling  and  other  improvements,  giving  total  value  thereof.) 

Ans. . 

Ques.  5.  Have  claimant  and  family  resided  continuously  on  the  homestead  since  first  establishing  residence 
thereon  ?     (If  settler  is  unmarried,  state  the  fact.) 

Ques.  6.  For  what  period  or  periods  has  the  settler  been  absent  from  the  land  since  making  settlement,  and 
for  what  purpose  ;  and  if  temporarily  absent,  did  claimant's  family  reside  upon  and  cultivate  the  land  during 
such  absence  ? 

Ans. . 

Ques.  7.  How  much  ofthe  homestead  has  the  settler  cultivated,  and  for  how  many  seasons  did  he  raise  crop* 
thereon  ? 

Ans.  . 

Ques.  8.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kinds  on  the  homestead?  (If  so,  de- 
cribe  what  they  are,  and  state  whether  the  land  is  more  valuable  for  agricultural  than  for  mineral  purposes.) 

Ans.  . 

Ques.  9.  Has  the  claimant  mortgaged,  sold,  or  contracted  to  sell,  any  portion  of  said  homestead? 

Ans. 

Ques.  10.  Are  you  interested  in  this  claim ;  and  do  you  think  the  settler  has  acted  in  entire  good  fiuth  ia 
perfecting  his  entry? 

Ans. . 

The  Receiver  will  thereupon,  if  the  proof  is  satisfactory,  issue  his  receipt,  as  follows,  a  dupli- 
cate being  sent  or  given  to  the  claimant : 

Application  No. . 

Final  Receiver's  Receipt,  No.  -— .  Receiver's  Office, , 

{_Date) ,  18—. 

Received  from ,  of county, ,  the  sum  of dollars  and cents,  being  the  balance  01 

payment  required  by  law  for  the  entry  of of  section ,  in  township ,  of  range ,  contain- 
ing            '  acres,  under  section  2291  ofthe  Revised  Statutes  ofthe  United  States. 

$ •  ,  Receiver. 

The  judge  being  absent  in  any  case,  the  proof  may  be  made  before  the  clerk  of  the  proper 
court.  The  fact  of  the  absence  of  the  judge  must  be  certified  in  the  papers  by  the  clerk  acting 
in  his  place. 

If  the  land  in  any  case  is  situated  in  an  unorganized  county,  the  statute  provides  that  the 
party  may  proceed  to  make  the  proof  in  the  manner  indicated  in  any  adjacent  county  in  the 
State  or  Territory.  The  fact  that  the  county  in  which  the  land  lies  is  unorganized,  and  that 
the  county  in  which  the  proof  is  made  is  adjacent  thereto,  must  be  certified  by  the  officer. 

In  any  case  where  the  final  proof  shall  be  transmitted  to  the  Register  and  Receiver,  as 
contemplated  in  this  act,  and  the  full  amount  of  money  due  shall  be  paid,  they  will  carefully 
examine  the  proof,  and,  if  any  objection  appears,  they  will  promptly  notify  the  party  and 
advise  him  of  his  rights  in  the  matter. 

In  cases  in  which  final  homestead  proof  is  made  before  the  judge,  or  in  his  absence  before 
the  clerk  of  a  court  of  record,  the  Register  and  Receiver  of  the  district  land  office  are  entitled 
to  the  same  fee  for  examining  and  approving  the  proof  so  made  as  if  the  proof  were  taken  and 


THE    AMERICAN   SETTLER'S    GUIDE.  37 

reduced  to  writing  by  them,  for  the  claimants,  viz.,  fifteen  cents  per  hundred  words,  and  on 
the  Pacific  Coiist,  twenty-two  and  one-half  cents  per  hundred  words(*). 

In  the  Act  of  Congress  of  March  3,  1877,  which  provides  that  final  proof  in  homestead 
entries  may  be  made  before  the  judge,  or,  in  his  absence,  before  the  clerk  of  any  court  of 
record  of  the  county  and  State,  or  district  and  Territory,  in  which  the  lands  are  situated ;  the 
terms  "in  his  absence,"  refer  to  the  absence  of  the  judge  from  the  county  seat  or  place  where 
the  court  for  the  countv  is  held.  Where  the  clerk  takes  the  proof,  he  should  set  forth  in  his 
certificate  to  the  papers  that  the  case  was  such  as  to  authorize  him  to  do  so  under  the  act ;  and 
for  this,  it  will  be  sufficient  for  him  to  certify  that  the  proof  was  made  before  him  "  in  the 
absence  of  the  judge,"  using  the  language  of  the  statute(^). 

County  courts  in  Florida  are  courts  of  record,  and  the  judges  and  clerks  of  such  courts  are 
qualified  to  take  final  proof  in  homestead  cases(«). 

ADJOINING   FARM    ENTRIES. 

The  proceedings  in  this  class  of  cases  are  the  same  as  in  other  homestead  entries.  It  is  not 
required  that  the  applicant  should  prove  actual  residence  on  the  separate  tract  entered;  but  if 
he  does  not,  it  must  appear  from  the  proof  adduced  (the  forms  previously  given  being  modified 
to  suit  the  circumstances  of  the  case),  that  he  has  continued  for  the  period  required  by  law  to 
reside  upon  and  cultivate  the  original  farm  tract,  making  use  of  the  entered  tract  as  a  part  of 
the  homestead. 

FINAL   AFFIDAVIT   REQUIRED   OF   ADJOINING   FARM    HOMESTEAD    CI^IMANTS. 

I, ,  having  made  a  homestead  entry  of  the  section  No. ,  in  township  No. ,  of 

.  ;inge  No. ,  subject  to  entry  at  ,  for  the  use  of  an  adjoining  farm  owned  and  occupied  by  me  on  the 

of  section  No. ,  in  township  No. ,  of  range  No. ,  under  section  2289  of  the  Revised  Statutes, 

do  now  apply  to  perfect  my  claim  thereto  by  virtue  of  section  No.  2291  of  the  same,  and  for  that  purpose  do 

solemnly that  I  am  a  citizen  of  the  United  States  ;  that  I  have  continued  to  own  and  occupy  the  land 

constituting  my  original  farm,  having  resided  thereon  since  the day  of ,  18 — ,  to  the  present  time, 

and  have  made  use  of  the  said  entered  tract  as  a  part  of  my  homestead,  and  have  improved  the  same  in  the 

following  manner,  viz.  :  .     That  no  part  of  said  land  has  been  alienated,  but  that  I  am  the  sole  bona 

fide  owner  as  an  actual  settler;  that  I  will  bear  true  allegiance  to  the  Government  of  the  United  States  ;  and, 
furtfier,  that  I  have  not  heretofore  p^Hected  or  abandoued  an  entry  under  the  homestead  laws. 


-,  of  the  land  office  at  ,  do  hereby  certify  that  the  above  affidavit  was  taken  and  sub- 


scribed before  me  this day  of——,  18 — . 


Where  it  is  shown  that  a  homestead  entry  was  made  for  the  use  of  an  adjoining  farm,  by  a 
party  who  owns  only  a  half  undivided  interest  in  an  original  farm,  such  homestead  entry  will 
be  passed  for  patenting  if  the  law  has  been  complied  with  in  other  respects(*). 

COMMUTATION   OF   HOMESTEAD    ENTRIES. 

If  the  homestead  settler  does  not  wish  to  remain  five  years  on  his  tract,  the  law  permits  him 
to  pay  for  it  with  cash,  or  warrants,  or  agricultural-college  scrip,  upon  making  proof  of  settle- 
ment and  cultivation  for  a  period  of  not  less  than  six  months  from  the  date  of  entry  to  the 
time  of  payment;  or  payment  may  now  be  made  with  private-claim  scrip  under  the  act  of 
January  28,  1 879. 

This  proof  of  actual  settlement  and  cultivation  must  be  the  affidavit  of  the  party,  made  in 
the  form  below,  in  addition  to  the  testimony  usual  in  making  final  homestead  proof,  with  a  few 
verbal  changes.  • 

Published  notice  as  usual  must  be  given  prior  to  taking  the  final  proof. 

AFFIDAVIT. 

1, ,  claimmg  the  right  to  commute,  under  section  2301  of  the  Revised  Statutes  of  the  United 

States,  my  homestead  entry  No. ,  made  upon  the  section ,  township ,  range ,  do 

solemnly  swear  that  I  made  settlement  upon  said  land  on  the  day  of ,  18 — ,  and  that  since  such 

date,  to  wit :     on  the day  of ,  18 — ,  I  have  built  a  house  on  said  land,  and  have  continued  to  reside 

therein  up  to  the  present  time  ;  that  I  have  broken  and  cultivated acres  of  said  land,  and  that  no  part  of 

said  land  has  been  alienated,  except  as  provided  in  section  2288  of  the  Revised  Statutes,  but  that  I  am  the  sole 
)>onafide  owner  as  an  actual  settler. 

(»)  Instructions,  Land  Owner,  Vol.  4,  p.  162,     (*)  W.  S.  Search,  Land  Chvner,  Vol.  4,  p.  162. 

(«)  Instructions,  Land  Oxvner,  Vol.  4,  p.  179.     (d)  Douglas  Dummett,  Land  Owner,  Vol.  2,  p.  181. 


38  THE  AMERICAN  SETTLER'S  GUIDE. 

I  further  swear  that  I  have  not  heretofore  perfected  or  abandoned  an  entry  made  under  the  homestead  laws  (A 
the  United  States. 


Land  Office . 

Subscribed  and  sworn  to  before  me  this day  of .     [May  now  be  made  before  clerk  of  court.] 

,  Register. 

Any  person  should  be  allowed  to  commute  who,  at  the  time  application  to  commute  is 
made,  is  the  proper  party  entitled  to  make  final  proof  at  the  right  time,  provided  the  claim  so 
far  as  it  has  progressed  is  valid  (*). 

After  a  homestead  has  been  relinquished  in  part,  the  balance  may  be  commutedC*). 

Where  a  party  commutes  his  homestead  to  cash,  his  rights  under  the  pre-emption  law  are 
not  affected,  i.  e.,  he  may,  if  qualified,  make  an  entry  under  the  pre-emption  law(*). 

WHO  SHALL  MAKE  FINAL  PROOF. 

As  many  cases  arise  wherein  it  is  difficult  to  decide  who  shall  make  the  final  proof,  the  fol- 
lowing rulings  of  the  Land  Department  are  appended  : 

In  case  of  death  of  an  unmarried  homestead  settler  prior  to  expiration  of  the  five  years, 
his  heirs  or  devisee  may  commute  or  continue  cultivation  and  settlement. 

If  death  occurred  after  the  expiration  of  the  five  years,  the  heirs  or  devisee  may  at  once 
make  prooi. 

In  these  cases  patent  would  issue  in  the  name  of  "  the  heirs  "  of  deceased,  or  in  the  name 
of  his  devtbee(*). 

A  deserted  wife  cannot  contest  her  husband's  entry  for  abandonment  while  the  marriage 
remains  legally  valid(<').  A  married  woman  can  become  entitled  to  credit  on  a  homestead  for 
her  husband's  military  services  during  the  late  war. 

Where  a  deceased  homestead  claimant  left  a  wife  from  whom  he  had  been  separated  by 
written  articles  of  agreement,  such  widow  is  the  proper  party  to  make  final  proof,  notwith- 
standing the  fact  that  the  deceased  claimant  willed  all  his  estate,  both  real  and  personal,  to 
his  brother('). 

Where  a  patent,  erroneously  issued  to  a  deceased  person,  has  been  recorded  in  the  county 
records,  the  legal  representatives  must  release  all  their  right  and  title  to  the  land  before  the 
General  Land  Office  can  issue  another  patent  in  the  name  of  the  widow(«). 

Aliens  who  have  not  declared  their  intentions  to  become  citizens  of  the  United  States  can- 
not, as  heirs,  perfect  title  to  homesteads^*). 

The  General  Land  Office  can  recognize  a  nuncupative  will  only  after  it  has  been  duly  pro- 
bated and  accepted  by  the  proper  court('). 

In  case  the  homestead  party  died,  and  his  widow  was  convicted  of  his  murder  by  poison^ 
for  which  she  is  now  imprisoned  in  the  penitentiary,  pursuant  to  law,  although  under  a  death 
sentence,  the  administrator  of  the  deceased  party  should  make  the  final  proof,  and  the  patent 
be  issued  in  the  name  of  his  minor  children(J). 

Where  a  homesteader  is  prevented  from  making  final  proof  by  reason  of  being  confined  in 
the  penitentiary,  a  legally  appointed  person  may  make  such  proof,  and  if  found  satisfactory, 
the  patent  will  issue  in  the  name  of  the  party  so  deprived  of  his  liberty (*). 

A  woman  divorced  from  her  husband  is  legally  dead,  and  if  there  was  an  infant  living  when 
the  homesteader  died,  the  right  s^all  inure  for  the  child's  benefit,  notwithstanding  a  will  devis- 
ing the  land  to  the  claimant's  mother,  who  resides  thereon ('). 

A  Receiver  of  a  land  office  is  entitled  to  make  final  proof  on  a  homestead  entry  made  by 
him  prior  to  his  appointment. 

A  Receiver  of  a  land  office,  who  has  made  final  proof  upon  a  homestead  entry  made  by 

(•)  John  Dillon,  Copp's  Public  Land  Laws,  p.  245.  (b)  John  L.  Gray,  Land  Oiuner,  Vol.  6,  p.  153. 

(«)  Instructions,  Land  Owner,  Vol.  3,  p.  70.  (^)  A.  F.  Hubbell,  Copp's  Public  Land  Laws,  p.  246. 

(•)  Keziah  Card,  Land  Owner,  Vol.  2,  p.  50.  (')  John  Rhoades,  Land  Owner,  Vol.  5,  p.  117. 

it)  Andrew  ]ohanncsen.  Land  Owner,  Vol.  4,  p,  108.  h)  J.  U.  Sprenger,  Land  Owner,  Vol.  2,  p.  57. 

(l)  Elizabeth  Lampson,  Land  Owner, ^loX.  3,  p.  178.  (J)  Land  Office  Instructions,  Land  Owner,  Vol.  5,  p.  179. 

(k)  E.  Strickland,  Land,  Owner,  Vol.  2,  p.  82.  (>)  G.  W.  Law,  Land  Owner,  Vol.  6,  p.  190. 


THE  AMERICAN   SETfLER'S   GUIDE.  3* 

him  prior  to  his  appointment  as  Receiver,  may  make  an  additional  entry  under  the  provisions 

of  the  act  of  June  8,  i872('). 

A  contest  for  abandonment  of  an  additional  entry  made  under  the  act  of  June  8,  1872,  wiU 

not  be  entertained  (lb). 

The  possession  of  an  executor  or  administrator  is,  under  the  homestead  law,  the  possession 
of  the  heirs  or  devisee,  subject  to  the  right  of  administration  vested  in  the  officer,  and  time 
allowed  by  the  court  for  the  settlement  of  the  estate  must  be  counted  for  the  heirs  or  devisee 
in  making  final  proof(^). 

Mary  Latt  made  a  homestead  entry,  then  married  J.  M.  Johnson  and  died,  leaving  no  heirs 
except  Johnson.  He  was  allowed  to  make  final  proof,  and  patent  issued  in  name  of  Mary 
Johnson,  formerly  Mary  Latt^). 

The  granting  of  letters  of  administration  will  be  regarded  as  sufficient  evidence  of  death. 
Unexplained  absence  for  two  months  is  not  sufficient  evidence  of  death  to  warrant  issue  of 
patent  to  the  heirsC*), 

e.   ABANDONMENT. 

At  any  time  after  six  months  from  entry  and  before  the  expiration  of  the  required  five  years 
of  residence,  if  it  is  proved  to  the  satisfaction  of  the  Land  Department  that  the  settler  has 
changed  his  residence  or  abandoned  the  land  embraced  in  his  entry  for  more  than  six  months 
at  any  time,  such  entry  wul  be  canceled  and  the  land  revert  to  th^  government.  A  home- 
stead claimant  elected  to  a  public  office  which  compels  him  to  leave  his  land  to  discharge  its 
duties,  is  not  considered  as  changing  his  residence  or  abandoning  his  land,  if  he  keeps  up  his 
improvements  and  the  circumstances  show  his  good  faith  in  maintaining  his  residence. 
Abandonment  or  change  of  residence  is  a  usual  cause  for  which  a  homestead  entry  can  be 
attacked  prior  to  the  end  of  the  required  five  years  of  residence  and  cultivation(*). 

Where  application  is  made  to  contest  a  homestead  entry  on  the  ground  of  abandonment, 
the  party  must  file  his  affidavit  with  the  district  land  officers,  setting  forth  the  facts  on  which 
his  application  is  founded,  describing  the  tract,  and  giving  the  name  of  the  settler. 

Upon  this  the  officers  will  set  apart  a  day  for  a  hearing,  giving  all  the  parties  in  interest 
due  notice  of  the  time  and  place  of  trial. 

Personal  notice  must  be  served  by  a  disinterested  party,  and  a  copy  must  be  filed,  with  an 
affidavit  that  the  notice  has  been  legally  served('). 

In  cases  of  inability  to  make  personal  service  of  the  notice,  and  when  it  becomes  necessary 
to  serve  it  by  publication,  it  must  be  printed  in  some  newspaper  printed  in  the  county  where 
the  land  in  contest  lies ;  and  if  no  newspaper  is  printed  in  such  county,  then  in  the  news- 
paper printed  in  the  county  nearest  to  the  land. 

At  least  two  witnesses  are  required  to  prove  abandonment  and  their  testimony  must  be 
clear  and  positive^). 

The  expenses  incident  to  such  a  contest  must  be  defrayed  by  the  contestant,  and  no  entry 
of  the  land  can  be  made  until  the  district  officers  have  received  notice  from  the  General  Land 
Office  of  the  cancellation  of  the  contested  entry ;  and  now  an  informant  obtains  privileges. 
Every  other  person  must,  if  he  desires  the  land,  ascertain  by  proper  diligence  when  notice  of 
cancellation  is  received  by  the  Register  and  Receiver,  and  then  make  formal  written  application 
for  the  tract;  the  land,  after  reception  by  these  officers  of  notice  of  cancellation,  being  alwa3r3 
open  to  the  first  legal  applicant,  unless  withdrawn  from  entry  by  competent  authority.  The 
preference  right  of  a  contestant  is  recognized  by  act  of  May  14,  1880. 

{fy  White  vs.  Laffery,  Land  Owner,  Vol.  i,  p.  114.         (V)  Dorame  vs.  Towers,  Land  Owner,  Vol.  2,  p.  131. 
(•1  Mary  Latt,  Land  Owner,  Vol.  4,  p.  103.  (d)  A.  Seidensticker,  Land  Owner,  Vol-  8,  p.  55. 

'*J  Snyder  vs.  Abbott,  Copp's  Public  Land  Laws,  p.  258. 

General  Land  Office  Instructions.     Copp's  Public  Land  La'jes,  p.  249. 


i 


THE   AMERICAN   SETTLER'S   GUIDE. 

AFFIDAVIT   TO    BE   FILED    BEFORE   CONTEST. 


U.  S.  Land  Office,^ 

.'■ y.  Personally  appeared  before  me 

-,  i8 — .  j      of  the  Land  Office, 


..  of county,  State  of  ,  who  upon  his  oath  says  :  That  he  is  well  acquainted  with  the 

tract  of  land  embraced  in  the  homestead  entry  of ,  No.  — ,  made ,  18 — ,  ■■■  — -^—  and 

knows  the  present  condition  of  the  same ;  also  that  the  said ■  has  wholly  abandoned  said  tract,  and 

changed  his  residence  therefrom  for  more  than  six  months  since  making  said  entry,  and  next  prior  to  the  date 
herein ;  that  said  tract  is  not  settled  upon  and  cultivated  by  said  party  as  required  by  law — and  this  the  said 
contestant  is  ready  to  prove  at  such  time  and  place  as  may  be  named  by  the  Register  and  Receiver  for  a  hearing 
in  said  case  ;  and  he  therefore  asks  to  be  allowed  to  prove  said  allegations,  and  that  said  homestead  entry,  No. 

,  may  be  declared  canceled  and  forfeited  lo  the  United  States—he,  the  said  contestant,  paying  the  expenses 

of  such  hearing. 

Sworn  to  and  subscribed  this  day  and  year  above  written  before 

,  Reg^ister, 

,  Receiver. 

TESTIMONY    IN    CASES    OF   ABANDONMENT. 
U.  S.  Land  Ofpick," 


y  Testimony  in  case  of - 


18 — .  j      Contestant,  vs. 


Homestead  Entry  No. , , ,  — — — •  contested 

(Date.)  (Description.; 

,  being  duly  sworn,  deposes  and  says  :  That  I  reside  in  township  ,  R. ,  State  of 

;  that  I  am  well  acquainted  with  the of  section  — ,  township  — — — ,  range  ,  entered 

by  —  ———as  above,  and  know  from  personal. observation  that  the  said has  not  cleared. 

fenced,  cultivated,  built  or  resided  upon,  or  in  any  way  improved  said  tract,  since  

The  present  condition  of  said  tract  is 

The  present  residence  of  the  said is 

Sworn  and  subscribed  before  me  this d.ay  of ,  18 — . 


",  Reg-ister. 
-,  Receiver. 


Also  appeared  at  the  same  time  and  place  — — and  — — — — ,  who,  being  duly  sworn,  depose  and 

say:     That  they  reside  in  the  immediate  vicinity  of  the  aforesaid  tract,  and  know  the  condition  of  the  same; 

that  they  are  also  acquainted  with  the  facts  set  forth  in  the  aforesaid  testimony  of ■  — — ,  and  know  from 

personal  observation  that  the  statements  therein  made  are  true. 


Sworn  and  subscribed  before  me  this day  of  — - — ,  18—. 

^— ,  Register. 

,  Receiver^ 

RULINGS, 

Where  a  homestead  party  ha.s  been  duly  notified  and  makes  default,  affidavits  showing  his 
abandonment  may  be  taken  before  any  officer  authorized  to  administer  oaths,  and  will  be  con- 
sidered in  deciding  the  case(*). 

Contest  for  abandonment  may  be  instituted  against  the  entry  of  a  deceased  homestead 
claimant,  if  the  abandonment  and  change  of  residence  occurred  more  than  six  months  prior 
to  decease(^). 

At  a  hearing  to  determine  abandonment  in  case  of  deceased  homestead  claimants,  a  certi- 
fied copy  of  the  will  and  other  matters  connected  therewith  may  be  introduced(*'). 

The  heirs  or  devisees  of  a  deceased  homestead  claimant  cannot  be  held  responsible  for  the 
failure  of  a  public  officer  to  administer  upon  the  estate.  The  statute  does  not  run  against  the 
heirs  during  the  time  which  elapses  after  the  death  of  the  claimant  before  the  date  the  admin- 
istrator takes  charge  of  the  estate,  providing  the  heirs  are  without  notice  of  their  rights,  and 
the  estate  is  administered  upon  within  seven  years(**). 

An  abandoned  wife  is  regarded  as  the  head  of  a  family,  and  her  rights  will  receive  due 
consideration.  When  she  and  her  children  are  still  residing  upon  the  homestead  entered  by 
her  absent  husband,  the  entry 'cannot  be  cancelled  for  abandonment  (*). 

A  party,  subsequent  to  entry,  contracted  to  convey  the  tract  to  another  after  receiving 
patent. 

Held,  that  as  the  contract  was  verbal  and  no  possession  was  taken  under  it,  it  cannot,  under 
the  statute  of  frauds,  be  enforced  against  the  claimant ;  that  the  facts  do  not  show  an  aliena 
tion  of  the  land ;  and  as  an  entry  cannot  be  attacked  by  a  stranger  in  interest  except  upon 

(»)  Instructions,  Land  Owner,  Vol.  6,  p.  153.  (»>)  W.  H.  Harris,  LMnd  Owner,  Vol.  3,  p.  3. 

(•)  Dorame  vs.  Towers,  L^nd  Owner,  Vol.  2,  p.  131.     (d)  Robinson  vs.  William,  Land  Owner,  Vol.  4,  p.  19. 

{•)  Thompson  vs.  Andei-son,  Land  Owner,  Vol.  6,  p.  125. 


THE   AMERICAN    SETTLER'S   GUIDE.  41 

charge  of  abandonment  or  change  of  residence^  the  party  should  be  allowed  lo  perfect  his 
claim('). 

Upon  proper  evidence  of  a  homestead  claimant's  insanity  being  presented,  his  homestead 
entry  will  not  be  contested  on  ground  of  abandonment.  A  guardian  in  such  case.-,  should  be 
appointed  by  the  proper  court,  who  will,  on  presenting  acceptable  final  proof,  receive  patent 
in  name  of  the  insane  claimant('»). 

Where  a  homestead  claimant  whose  entry  is  sought  to  be  canceled  for  abandonment,  is  in 
the  penitentiary  under  sentence  of  imprisonment  for  a  term  of  years,  notice  of  contest  must  be 
served  personally  upon  tlie  claimant(*') . 

\Vhere  the  evidence  in  a  contest  for  abandonment  shows  that  the  homestead  claimant  is  a 
poor  man,  that  he  was  residing  upon  the  land  at  date  of  trial,  but  had  been  unable  to  make 
his  residence  thereon  within  six  months  after  entry  at  the  land  ofl5ce,  or  to  improve  the  land 
to  any  great  extent,  such  contest  will  be  dismissed  in  view  of  the  good  faith  of  the  claimant, 
and  when  final  proof  is  made  it  will  be  submitted  to  the  Board  of  Equitable  Adjudication(*). 

The  decision  of  the  Commissioner  of  the  General  Land  Office,  in  a  contest  from  which 
no  appeal  was  taken,  becomes  final  between  the  parties  as  to  all  the  matters  arising  before  the 
trial(e). 

The  attacking  party  has  a  right  to  contest  an  entry  in  a  new  proceeding  for  abandonment 
or  change  of  residence  subsequent  to  the  date  of  the  former  trials^ /^j. 

No  other  questions  than  those  of  abandonment  or  change  of  residence  qan  in  any  case  be 
considered  (z^). 

A  contestant  who  has  been  twice  defeated  should  be  held  to  a  strict  statement  of  his 
claim(t^). 

A  statement  that  the  homestead  party  (who  is  a  widow),  does  not  occupy  the  land  claimed 
as  a  homestead,  but  that  the  same  is  occupied  and  used  by  her  son  (who  is  a  married  man)i 
and  who  has  the  sole  and  andisputed  control  of  the  same,  is  held  insufficient  to  warrant  the 
canceling  of  her  entry  (?<5). 

/.    RELINQUISHMENT. 

A  party  may  relinquish  his  claim,  but  on  his  doing  so,  the  land  reverts  to  the  government. 
The  party  so  desiringj  should  surrender  to  the  Register  and  Receiver  of  the  proper  land  dis- 
trict the  duplicate  receipt  issued  for  the  entry,  with  his  written  relinquishment  of  the  same 
indorsed  thereon. 

If  the  duplicate  receipt  has  been  lost,  he  should  submit  to  those  officers  a  written  relinquish- 
ment of  the  entry,  in  which  he  should  state  the  fact  of  the  loss  of  the  duplicate  receipt,  and 
which  should  be  duly  signed  and  acknowledged  before  the  Register  or  Receiver,  or  some 
officer  authorized  to  take  acknowledgments.     (See  act  of  May  14,  1880,  following.) 

As  the  law  allows  but  one  homestead  privilege,  a  settler  relinquishing  or  abandoning  his 
claim  cannot  thereafter  make  a  second  entry ;  but  where  an  entry  is  canceled  as  invalid  for 
some  reason  other  than  abandonment,  and  not  the  willful  act  of  the  party,  he  is  not  thereby 
debarred  from  entering  again,  if  in  other  respects  entitled,  and  may  be  allowed  credit  for  fees 
and  commissions  already  paid,  on  a  new  homestead  entry. 

The  relinquishment  of  a  homestead  eutr}'  must  be  the  free  and  voluntary  act  of  the 
claimant('). 

Where  a  patent  erroneouslv  issued  to  a  deceased  person,  has  been  recorded  in  the  county 
records,  the  legal  representatives  must  release  all  their  right  and  title  to  the  land  before  the 
General  Land  Office  can  issue  another  patent  in  the  name  of  the  widow(K). 

A  person  making  a  homestead  entry  cannot  be  allowed  to  relinquish  it  and  make  another, 
because  he  found  the  land  different  from  what  he  expectedC'). 

(»)  Beasore  vs.  Whitehead,  Land  Owner,  Vol.  2,  p.  83, 

(»>)  George  Hornick,  Copp's  Public  Land  Laws,  p.  253. 

(«)  Alex.  McKiver,  Land  Owner,  Vol.  2,  p.  148.  (*)  Weber  vs.  Gourley,  Land  Oivner,  Vol.  3,  p.  19. 

(•)  Jones  vs.  Roberts,  Copp's  Public  Land  Laws,  p.  251. 

(')  Hanson  vs.  Geiger.  Land  Owner,  Vol.  4,  p.  146.         («)  Andrew  Johanjiesen.  Land  Owner,  VoL  4.  P.  »oi^ 

|b)  John  Nunan,  Land  Owner,  Vol.  i,  p.  34. 


^  THE  AMERICAN   SETTLER'S  GUIDE. 

Should  it  appear  upon  a  proper  showing  that  swamp  land  to  which  a  State  is  entitled  has 
been  embraced  in  a  homestead  entry,  said  entry  will  be  canceled,  and  the  party  may  make 
another  entry,  with  the  first  payments  to  his  credit(£/5). 

An  administrator  or  guardian  cannot  relinquish  the  homestead  entry  of  a  deceased  person 
ATithout  authority  from  the  Probate  Courl('') . 

The  administrator  of  the  estate  of  a  party  who  died  intestate  should  not  be  allowed  to  relin- 
quish the  homestead  entry,  but  a  relinquishment  to  be  accepted  must  be  made  by  each  and 
every  one  of  the  heirsC*). 

The  following  instructions  were  issued  by  the  General  Land  Office,  relative  to  deceased 
claimants  whose  representatives  desired  to  relinquish  the  unperfected  entries  : 

In  case  of  George  H.  Hudson,  reported  in  Copp's  Land  Owner,  Vol.  2,  p.  99,  the  deceased 
left  no  widow,  nor  any  children ;  he  died  testate,  naming  William  H.  Hudson  his  executor, 
and  one  Mary  Emily  Hudson,  an  unmarried  woman  of  full  age,  his  sole  legatee,  and  the 
original  duplicate  receipt  cannot  be  found. 

The  cancellation  desired  will  be  made  upon  the  written  relinquishment  of  the  legatee 
(which  should  describe  the  land  by  its  proper  numbers,  and  specify  date  and  number  of  the 
entry,)  accompanied  by  an  affidavit  which  may  be  made  either  by  the  legatee  or  the  executor, 
setting  forth  the  loss  of  the  duplicate  Receiver's  receipt. 

Proof  must  accompany  the  relinquishment  establishing  the  fact  that  Hudson,  the  deceased, 
left  no  widow  or  minor  children,  and  that  Mary  Emily  Hudson  is  the  sole  legatee,  and  the 
identical  person  named  in  the  will. 

This  may  be  done  by  furnishing  a  duly  attested  copy  of  the  will  under  the  seal  of  the  proper 
court,  together  with  the  certificate  under  seal  of  the  judge  or  clerk  having  probate  jurisdiction, 
as  to  the  identity  of  the  person  of  the  legatee,  and  the  fact  that  no  widow  or  minor  children 
survive. 

If  the  records  of  the  Probate  Court  do  not  evidence  the  identity  of  the  legatee  or  the  fact 
■)f  non-survivor,  then  these  facts  may  be  established  by  the  affidavit  of  the  legatee,  corrobor- 
ted  by  the  affidavits  of  any  two  witnesses  who  may  have  cognizance  of  the  facts. 

In  case  of  Achille  Savoie,  reported  in  Copp's  Land  Owner,  Vol.  4,  p.  51,  the  papers  sent 
up  show  the  appointment  of  Monnier  as  administrator  of  the  "  succession  of  Achille  Savoie, 
deceased,"  and  the  loss  of  the  duplicate  homestead  receipt. 

The  party  to  the  homestead  entry  stated  in  his  homestead  affidavit  that  he  was  "  the  head 
of  a  family." 

If  he  left  a  widow,  a  relinquishment  to  be  accepted  must  be  executed  by  her. 
^  If  the  party  left  no  widow,  but  left  an  infant  child  or  children,  the  entry  may  be  relinquished 
by  the  administrator,  executor  or  guardian  by  order  of  the  Probate  Court  having  jurisdiction, 
in  which  case  it  should  be  clearly  shown  that  no  widow  was  left,  and  that  the  relinquishment 
is  made  by  such  order. 

If  he  left  no  widow  or  infant  child,  the  relinquishment  may  be  made  by  the  party  or  parties 
recognized  by  the  local  court  as  the  sole  and  only  legal  representative  or  representatives  of 
the  deceased,  in  which  case  a  certificate  to  that  effiact  by  said  court  should  be  forwarded  with 
the  relinquishment  duly  executed  (**). 

II.    Soldiers'  and  Sailors'  Homesteads. 

a.    ORIGINAL    ENTRIES. 

The  Revised  Statutes  of  the  United  States  grantmg  homesteads  to  soldiers  and  sailors,  their. 
widows  and  orphan  children,  are  the  following : 

Section  2304.  Every  private  soldier  and  officer  who  has  served  in  the  Army  of  the  United 
States  during  the  recent  rebellion,  for  ninety  days,  and  who  was  honorably  discharged,  and 
.as  remained  loyal  to  the  government,  including  the  troops  mustered  into  the  service  of  the 

(») Susan  W.  Carter,  Land  Owner,  Vol.  2,  p.  99. 

(*)  General  Land  Office  Instructions,  Land  Owner,  Vol.  5,  p.  165. 

(»)See  Cinthya  Gibson,  Land  Owner,  Vol.  3,  p.  114,  and  Susan  W.  Carter,  Land  Owner,  Vol.  2,  p.  99. 


THE   AMERICAN    SETTLER'S   GUIDE.  43 

United  States  by  virtue  of  the  third  section  of  an  act  approved  February  thirteen,  eighteen 
hundred  and  sixty -two,  and  every  seaman,  marine,  and  oflScer  who  has  served  in  the  Navy  of 
the  United  States,  or  in  the  Marine  Corps,  during  the  rebellion,  for  ninety  days,  and  who  was 
honorably  discharged,  and  has  remained  loyal  to  the  government,  shall,  on  compliance  with 
the  provisions  of  this  chapter,  as  hereinafter  modified,  be  entitled  to  enter  upon  and  receive 
patent  for  a  quantity  of  public  lands  not  exceeding  one  hundred  and  sixty  acres,  or  one 
quarter-section,  to  be  taken  in  compact  form,  according  to  legal  subdivisions,  including  the 
alternate  reserved  sections  of  public  land  along  the  line  of  any  railroad  or  other  public  work* 
not  otherwise  reserved  or  appropriated,  and  other  lands  subject  to  entry  under  the  Homestead 
Laws  of  the  United  States;  but  such  homestead  settler  shall  be  allowed  six  months  aftei 
locating  his  homestead,  and  filing  his  declaratory  statement,  within  which  to  make  his  entry 
and  commence  his  settlement  and  improvement. 

Section  2305.  The  time  which  the  homestead  settler  has  served  in  the  Army,  Navy,  01 
Marine  Corps,  shall  be  deducted  from  the  time  heretofore  required  to  perfect  title ;  or  if  dis- 
charged on  account  of  wounds  received  or  disability  incurred  in  the  line  of  duty,  then  the 
term  of  enlistment  shall  be  deducted  from  the  time  heretofore  required  to  perfect  title,  without 
reference  to  the  length  of  time  he  may  have  served ;  but  no  patent  shall  issue  to  any  home- 
stead settler  who  has  not  resided  upon,  improved,  and  cultivated  his  homestead  for  a  period 
of  at  least  one  year  after  he  shall  have  commenced  his  improvements. 

Section  2307.  In  case  of  the  death  of  any  person  who  would  be  entitled  to  a  home«;tead 
under  the  provisions  of  section  twenty-three  hundred  and  four,  his  widow,  If  unmarried,  or  in 
case  of  her  death  or  marriage,  then  his  minor  orphan  children,  by  a  guardian  duly  appointed 
and  officially  accredited  at  the  Department  of  the  Interior,  shall  be  entitled  to  all  the  benefits 
enumerated  in  this  chapter,  subject  to  all  the  provisions  as  to  settlement  and  improvement 
therein  contamed  ;  but  if  such  person  died  during  his  term  of  enlistment,  the  whole  term -of 
his  enlistment  shall  be  deducted  from  the  time  heretofore  required  to  perfect  the  title. 

The  advantages  this  law  presents  over  the  general  homestead  law  are:  i.  The  privilege  of 
filing  a  declaration  with  the  Register  and  Receiver,  which  will  hold  a  tract,  selected  in  person 
or  by  an  agent,  for  six  months  without  entry,  residence  or  cultivation.  2.  The  right  of  mak- 
ing final  proof  before  the  end  of  the  usual  five  years.  Except  where  the  claimant  wishes  to 
sell  his  land,  the  latter  privilege  is  a  disadvantage,  because  as  soon  as  title  passes  from  the 
United  States  to  an  individual,  the  real  estate  becomes  subject  to  taxation.  Soldiers  and  sailors 
will  observe  the  important  requirement  of  at  least  one  year's  actual  bona  fide  residence  ami 
cultivation  of  the  homestead,  and  not  be  deceived  by  parties  who  solicit  the  business  of  locat- 
ing homesteads  in  their  names  at  considerable  expense,  when  there  fs  no  prospea  of  settling 
npon  the  land  selected. 

HOW   TO    PROCEED. 

The  following  proof  will  be  required  of  parties  applying  for  the  benefits  of  sections  2304, 
2305,  and  2307,  in  addition  to  the  prescribed  affidavit  of  the  applicant  given  below. 

1.  Certified  copy  of  certificate  of  discharge,  showing  when  the  party  enlisted  and  when  he 
was  discharged;  or  the  affidavit  of  two  respectable,  disinterested  witnesses,  corroborative  of 
the  allegations  contained  in  the  prescribed  affidavit,  on  these  points,  or,  if  neither  can  be  pro- 
cured, the  party's  affidavit  to  that  effisct. 

2.  In  case  of  widows,  the  prescribed  evidence  of  military  service  of  the  husband,  as  above, 
with  affidavit  of  widowhood,  giving  the  date  of  the  husband's  death. 

3.  In  case  of  minor  orphan  children,  in  addition  to  the  prescribed  evidence  of  military 
service  of  the  father,  proof  of  death  or  marriage  of  the  mother.  Evidence  of  death  may  be 
the  testimony  of  two  witnesses,  or  certificate  of  a  physician  duly  attested.     Evidence  of  mar- 

iage  may  be  a  certified  copy  of  marriage  certificate,  or  of  the  record  of  same,  or  testimony  of 
wo  witnesses  to  the  marriage  ceremony. 

The  Register  and  Receiver  will  be  allowed  to  charge  one  dollar  each  for  receiving  and 
filing  the  initiatory  declaration  of  the  parties  in  cases  where  such  declarations  are  filed.     One 


44  THE  AMERICAN   SETTLER'S   GUIDE. 

dollar  and  fifty  cents  each  will  be  charged  by  Registers  and  Receivers  in  California,  etc.,  as. 
shown  in  a  previous  table  of  fees  and  commissions. 

On  the  party  producing  the  proper  proof  as  above,  immediate  entry  of  the  tract  desired 
may  be  made ;  but  if  the  party  so  elect,  he  may  file  a  declaration,  to  the  effect  that  he  claims 
a  specified  tract  of  land  as  his  homestead,  and  that  he  takes  it  for  actual  settlement  and  culti- 
vation. Thereafter,  at  any  time  within  six  months  from  the  date  of  filing,  the  party  may 
come  forAvard,  make  his  entry  of  the  land,  and  commence  his  settlement  and  improvement. 
Should  the  party  present  his  declaration  through  an  agent,  a  duly  executed  power  of  attorney 
from  the  principal  must  be  presented,  who  will  be  bound  by  the  selection  his  agent  may  make, 
the  same  as  though  made  by  himself.  Where  the  party  has  failed  to  make  entry  within  six 
months  from  the  date  of  filing,  he  is  not  thereby  debarred  from  making  entry  of  the  tract 
filed  for,  unless  some  adverse  right  has  intervened ;  and  if  so,  he  may  enter  some  other  tract 
that  is  still  vacant.     He  cannot  file  a  second  declaration. 

The  claims  of  widows  and  minor  orphan  children  may  be  initiated  by  declaration,  as 
above.  Minor  orphan  children  can  act  only  by  their  duly  appointed  guardians,  who  must  file 
certified  copies  of  the  powers  of  guardianship.  The  law  does  not  require,  as  a  condition  to 
enjoying  its  benefits,  that  the  party  should  first  file  a  declaratory  statement,  and,  as  before 
stated,  immediate  entry  may  be  made. 

The  forms  used  in  these  entries  are  as  follows  : 

DECLARATION. 
No. Land  Office  at , 


.  (^Date) ,  18—. 

I, ■ ',  do  hereby  declare  and  give  notice  that  I  claim  for  a  homestead,  under  section  2304  of  the 

Revised  Statutes  of  the  United  States,  granting  homesteads  to  honorably  discharged  soldiers  and  sailors,  their 

widows  and  orphans,  the of  section  ,  of  township ,  of  range ,  containing acres;    and  I 

further  declare  ^hat  I  take  the  said  tract  of  land  for  actual  settlement  and  cultivation,  and  for  my  own  use  and 

^senefit.  . 

Per ,  kis  Attorney  in/act. 

APPLICATION. 


Land  Office  at 

{Date)  ■ 


I,  ■  ,  hereby  apply  to  enter,  under  section  2304  of  the  Revised  Statutes  of  the  United  States,  the 

of  section ,  of  township ,  of  range ,  containing acres,  and  for  which  I  filed  my  declaration 

on  the day  of , ,  through ,  my  duly-appointed  agent, 

I, ,  Register  of  the  land  office  at ,  do  hereby  certify  that filed  the 

above  application  at  this  office  on  the day  of , .  and  that  he  has  taken  the  oath  and  paid  the  fees 


and  commissions  prescribed  by  law. 


-,  Register. 


AFFIDAVIT. 


No. .  Land  Office  at 

{Date) 


I, ,  of ,  do  solemnly  swear  that  I  am  a ,  of  the  age  of  twenty-one  years,  and  a 

citizen  of  the  United  States ;  that  I  served  for  ninety  days  in  company , regiment,  United  States  vol- 
unteers ;    that  I  was  mustered  into  the  United  States  military  service  the day  of ,  ,  and  was 

honorably  discharged  therefrom  on  the day  of , ;  that  I  have  since  borne  true  allegiance  to  the 

Government ;  and  that  I  have  made  my  application  No. ,  to  enter  a  tract  of  land  under  section  2304  of  the 

Revised  Statutes  of  the  United  States,  giving  homesteads  to  honorably  discharged  soldiers  and  sailors,  their 
widows  and  orphan  children ;  that  I  have  made  said  application  in  good  faith  ;  and  that  I  take  said  homestead 
for  the  purpose  of  actual  settlement  and  cultivation,  and  for  my  own  exclusive  use  and  benefit,  and  for  the  use 
and  benefit  of  no  other  person  or  persons  whomsoever:  and  that  I  have  not  heretofore  acquired  a  title  to  a  tract 
of  land  under  the  homestead  laws,  or  voluntarily  relinquished  or.  abandoned  an  entry  heretofore  made  under 
said  laws  :  So  help  me  God. 

Sworn  to  and  subscribed  before  rae, ,  Register  of  the  land  office  at ,  this day 

of ,  18—. 

,  Register. 

rulAjgs. 
The  filing  of  .a  soldier's  declaratory  statement  is  not  necessarily  an  abandonment  of  a  pre- 
emption claim(»). 

Soldiers'  homestead  declarations  must  be  rejected  when  received  by  mail(*>). 

<»)  Eugene  Mitchell,  Land  Owner,  Vol.  3,  p.  164.  Q')  Instnictions.  Land  Owner,  Vol.  1,  p.  ao 


THE   AMERICAN   SETTLER'S   GUIDE.  4C^ 

A  party  appointed  by  the  applicant  as  his  attorney  to  select  land  under  the  soldiers'  home- 
stead law,  may  substitute  and  appoint  another  person  to  act  for  him  and  make  such  selec- 
tion (*). 

Parties  who  file  their  declarations  for  lands  appropriated  by  actual  entries  may  file  a  second 
time.  Parties  filing  for  lands  not  entered,  but  embraced  in  the  valid  adverse  claim  of  another, 
do  so  at  their  own  risk,  and  are  held  to  have  exhausted  their  right  to  file,  although,  upon 
proof  of  their  good  faith  and  ignorance  of  the  existence  of  the  adverse  claim,  they  may  make 
actual  entryi^). 

Where  two  parties  apply  simultaneously  to  file  under  Section  2309,  R.  S.,  both  applications 
should  be  received.  Should  either  thereafter  apply  to  enter,  notice  should  be  given  the  other 
party  to  show  why  such  entry  should  not  be  allowed.  Instructions  will  be  issued  by  the 
General  Land  Office,  if  an  appearance  is  made  at  the  time  allowed^). 

In  computing  the  time  of  service  during  the  rebellion,  the  General  Land  Office  is  governed 
by  the  dates  of  the  President's  proclamations  of  April  15,  1861,  calling  out  the  militia,  and 
August  20,  1866,  declaring  the  war  at  an  end(*(. 

A  soldier  is  not  obliged  to  credit  his  term  of  service.  After  a  soldier  has  resided  on 
his  homestead  long  enough  to  make  with  his  military  service  five  years,  further  residence  is 
unnecessary  to  secure  patent(*). 

In  soldiers'  homesteads,  where  a  discrepancy  occurs  between  the  proof  of  service  and  the 
records  of  the  War  Department,  the  applicant  is  allowed  sixty  days  in  which  to  furnish  satis- 
factory proof  of  service,  in  which  case  he  should  be  clearly  informed  as  to  what  he  is  required 
to  fumish('). 

The  homestead  act  makes  no  distinction  between  regular  and  volunteer  officers  and  soldiers- 
who  served  during  the  war  of  the  rebellion,  who  have  been  honorably  discharged(«). 

Regular  army  officers  who  served  during  the  rebellion,  etc.,  may  initiate  a  homestead  entry 
vbile  in  the  army,  but  on  making  final  proof  must  show  at  least  one  year's  residence  on  the 
and  entered,  if  they  served  four  years  during  the  late  war(^). 

Soldiers  now  in  the  Regular  Army  may  perform  the  prehmmary  acts  relating  to  the  home- 
stead entries  therein  mentioned(^). 

A  soldier  discharged  for  disability  prior  to  expiration  of  term  of  first  enlistment,  is  entitled 
to  only  so  much  time  for  second  enlistment  as  he  may  have  served  after  expiration  of  term  of 
first  enlistment(^). 

The  time  a  homestead  claimant  was  in  the  United  States  military  service  in  the  late  rebel- 
lion should  be  taken  as  a  part  of  the  five  years  in  which  a  contest  under  the  5th  section  of 
the  homestead  act  could  be  commenced,  and  if  such  period,  when  added  to  the  time  of  actuat 
residence  and  cultivation,  was  more  than  five  years  before  the  contest  commenced,  the  contest 
should  be  dismissed(*).  • 

Where  a  soldier  has  lost  his  discharge  papers  he  must  file  with  the  proper  district  land 
officers  his  affidavit  detailing  his  service,  the  same  to  be  corroborated  by  the  testimony  of  two 
witnesses  cognizant  of  the  facts ;  which  evidence  will  be  accepted  as  satisfactory  proof  of 
service.  If  he  is  unable  to  obtain  the  corroborative  testimony,  he  may  file  his  own  affidavit  as 
to  service,  with  his  application  to  make  a  homestead  entiy ;  and  upon  receipt  at  the  General 
Land  Office  of  the  affidavit  and  application,  official  information  regarding  alleged  service 
will  be  obtained  from  the  War  Department,  compared  with  the  party's  affidavit,  and  if  found 
satisfactory  the  entry  will  be  allowed ('). 

(»)  Philip  Betz,  Land  Oivner,  Vol.  6,  p.  93.  (fc)  A.  W.  Duggan,  Land  Owner,  Vol.  a,  p.  35. 

(«)  Wilkes  &  Famsworth,  Land  Owner,  Vol.  4,  p.  107.  (*)  Instructions,  Land  Owner,  Vol.  i,  p.  3. 

(•)  G.  M.  Burlingame,  Copp's  Public  Land  Laws,  p.  269.  A.  F.  Hubbell,  Ibid,  p.  246. 

(0  Thomas  Graham,  Land  Owner,  Vol,  3,  p.  164.  (f)  Instructions,  Letttd  Owner,  Vol.  a,  p.  so- 

(*)  W.  A.  M.  Dudley,  Land  Owner,  Vol,  3,  p.  69.  (i)  Instructions,  Land  Owner,  Vol.  a,  p.  133. 

(J)  Preston  Swords,  Land  Owner,  Vol.  i,  p.  20. 

<k)  Burt  vs.  Dopp.  Copo's  Public  Land  Laws,  p.  270.  0)  P-  W.  Hitchcock.  Z<i««^  Owner,  Yoi.  3,  p.  6<» 


46  THE  AMERICAN  SETTLER'S  GUIDE. 

Where  a  single  woman  has  made  a  homestead  entry,  she  cannot  thereafter  as  the  *widow  of 
a  soldier  make  a  second  homestead  entry (*). 

A  married  woman  can  become  entitled  to  credit  on  a  homestead  entry  for  her  husband's  mil- 
itary services  during  the  late  war^*).  * 

The  husband's  military  service  during  the  rebellion  cannot  apply  on  a  homestead  entry 
initiated  by  the  wife  previous  to  marriage.  After  the  commutation  or  consummation  of  the 
wife's  entry,  the  husband  may  make  an  entry  in  his  own  name(*). 

A  party  may  make  a  homestead  entry  in  his  own  name  and  receive  patent  for  the  land,  and 
as  "one  of  the  heirs,"  may  perfect  another  entry  made  by  his  mother  (soldier's  widow),  and 
he  may  apply  his  father's  term  of  military  service  upon  the  settlement  required,  if  his  mother 
had  not  remarried  at  the  date  of  entry.     Patent  will  issue  "  for  the  benefit  of  the  heirs" (*). 

No  person  except  the  widow  or  minor  orphan  children  of  a  deceased  soldier  is  entitled  to 
the  benefit  of  section  2305  Revised  Statutes(«). 

The  rule  laid  down  in  Dorame  vs.  Towers  applies  in  cases  where  homestead  entries  are 
made  by  guardians  for  minor  heirs  of  deceased  Union  soldiers.  Residence  on  the  tracts 
entered  cannot  be  reasonably  expected  in  such  cases,  and  if  the  land  has  been  cultivated  in 
good  faith,  the  law  has  been  substantially  complied  with('). 

There  is  no  law  granting  bounty  lands  to  parties  who  served  in  the  Army  or  Navy  during 
the  late  war.  Paymasters'  stewards  are  not  entitled  to  the  benefits  of  the  Soldiers'  Homestead 
Acts(«). 

A  contract  surgeon  is  not  entitled  to  the  benefit  of  the  Soldiers'  Homestead  LawsC*) . 

In  making  final  proof  on  a  homestead  entry  under  the  Soldiers'  and  Sailors'  Homestead 
Act,  the  party  will  be  required  to  present  to  the  proper  district  land  officers  a  certified  copy 
of  his  discharge  from  the  United  States  Army  during  the  war  of  the  rebellion,  or  in  the 
absence  thereof,  "  satisfactory  evidence  "  of  service,  which  may  consist  of  the  party's  affidavit 
of  the  facts,  corroborated  by  the  testimony  of  two  disinterested  witnesses,  will  be  accepted. 
If  this  "  satisfactory  evidence  "  cannot  be  obtained,  or  if  obtained,  fails  to  show  that  the  party 
had  received  an  honorable  discharge,  the  General  Land  Office  will,  upon  application  and  on 
receipt  of  the  requisite  data  of  the  party's  services,  consisting  of  his  name,  number  of  regiment,, 
alphabetical  designation  of  the  company  in  which  he  served,  branch  of  service,  and  State 
where  enlisted,  obtain  from  the  War  Department  an  "official  statement"  of  his  service(*). 

b,  ADDITIONAL  ENTRIES. 

Every  person  entitled  under  section  2304  of  the  Revised  Statutes,  who  had  prior  to  June 
22,  1874,  made  a  homestead  entry  of  less  than  one  hundred  and  sixty  acres,  may  enter  so 
much  land  as  when  added  to  the  quantity  previously  entered  shall  not  exceed  one  hundred 
and  sixty  acres. 

Where  a  party  entitled  desires  to  make  an  additional  entry,  it  is  required  that  a  full  recital 
of  military  service  be  presented  to  the  General  Land  Office,  with  due  proof  of  the  identity  of 
the  party  making  the  claim,  and  with  proper  reference  to  his  original  homestead  entry,  giving 
the  name  of  the  district  office,  date  and  number  of  entry,  and  description  of  the  land.  In 
addition,  a  detailed  statement,  under  oath,  must  be  filed  by  the  party  in  interest,  setting  forth 
the  facts  respecting  his  right  to  make  the  entry,  and  containing  his  declaration  that  he  has  not 
in  any  manner  exercised  his  right,  either  by  previous  entry  or  application,  or  by  sale,  transfer, 
or  power  of  attorney,  but  that  the  same  remains  in  him  unimpaired.  He  must  also  declare, 
under  oath,  that  he  has  made  full  compliance  with  the  Homestead  Law  in  the  matter  of 
residence  upon,  cultivation  and  improvement  of,  his  original  homestead  entry ;  and  should 
further  recite  whether  or  not  he  has  proved  up  his  claim  and  received  a  patent  for  the  land. 


(»)  H.  M.  Chace,  Land  0%vner,  Vol.  3,  p.  69.  (y)  Land  Owner,  Vol.  8. 

(-')  L.  J.  Crans,  Land  Owner,  Vol.  i,  p.  35.  (^)  Charles  Lee,  Land  Owner,  Vol.  5.  p.  147. 

(*)  S.  P.  Gamble,  Land  Owner,  Vol.  4,  p.  146,  (0  Minnus  vs.  Salmons,  Land  Owner,  Vol.  4,  p.  38. 


\t)  F.  S.  Jones,  Land  Oivner,  Vol.  3,  p.  70.  (•*)  G.  W.  Benton,  Land  Owner,  Vol.  3,  p.  52. 

"J    W.  Bonine,  Copp's  Public  Land  Laws,  p.  271. 


THE  AMERICAN   SETTLER'S  GUIDE.  47 

The  foUwving  form  is  prescribed  by  the  General  Land  Office  : 

ADDITIONAL     HOMFSTEAD. — SPECIAL   AFFIDAVIT   AS   TO    MILITARY   SERVICE,    IDENTITY,   ETC 

Land  Office  at , 


,  18—. 

Ij ,  of ,  do  solemnly  swear  that  I  am  the  identical  person  who  was  mustered  into  th 

military  service  of  the  United  States  under  the  name  of ,  in  Company , Regiment  cf  ' 

Volunteers,  on  the day  of ,  i86 — ,  and  was  honorably  discharged  from  such  service  on  the 

day  of .  186—. 

I  furthermore  solemnly  swear  that  I  am  the  identical  person  who  made  original  homestead  entry  No. ,  at 

.  ;   that  I  now  make  application  for  an  additional  homestead  entry*  having  fully  met  all  the  requirements 

of  the  Homestead  Law  as  to  said  original  entry ;  that  I  have  not  sold  my  additional  homestead  claim,  and  that 
I  have  not  made  any  prior  application  for  an  additional  homestead  certificate. 

My  post  office  address  is . 

Two  witnesses  to  sig^uiture.^ 


Claimant. 


Sworn  to  and  subscribed,  this day  of ,  18 — ,  before 


The  undersigned  do  solemnly  swear  that  we  have  been  well  acquainted  wilK  said ,  who  made 

the  above  affidavit,  for  about  — — —  years,  and  that  we  have  reason  to  know  that  his  statements  in  said  affidavit 
arc  true. 


Two  corroborating  witnestet. 
Sworn  to  and  subscribed  this day  of ,  i8 — , 


This  affidavit,  corroborated  by  two  witnesses  who  are  acquainted  with  the  claimant  and 
know  that  his  statements  therein  are  true,  and  the  usual  homestead  affidavit,  must  be  acknowl- 
edged before  a  local  land  officer,  or  the  judge  or  clerk  of  the  court  of  the  county  wherein  the 
claimant  resides.     It  cannot  be  taken  before  any  other  official. 

When  these  papers  are  filed  and  examined,  they  will,  if  found  satisfactory,  be  returned 
with  a  certificate  attached,  recognizing  the  right  of  the  party  to  make  additional  entry  under 
the  law ;  and  when  presented  with  a  proper  application  at  any  district  land  office,  either  by 
the  party  entitled  or  his  agent  or  attorney,  they  will  be  accepted  by  the  Register  and  Receiver, 
and  fonvarded  with  the  entry  papers  in  the  usual  manner. 

The  fee  for  examination  and  certificate,  under  the  seal  of  the  General  Land  Office,  is  now 
lotliing. 

Where  the  party  is  qualified  to  make  entry,  the  Register  and  Receiver  will  require  him  to 
make  application  in  the  form  prescribed  below,  and  to  pay  the  same  fee  and  commissions  as  in 
cases  of  original  entry ;  whereupon  the  Receiver  will  issue  his  receipt  for  the  money  paid. 

Thereafter  the  party  will  be  required  to  pay  the  final  commission,  when  a  final  receipt  will  be 
issued  for  the  money.  On  these  papers  the  Register  and  Receiver  will  make  a  reference  to  the 
original  and  the  additional  entiy,  and  on  them  a  patent  will  issue. 

APPLICATION. 

No, .  Land  Office  at  ■. 

{Date) ,  18—. 

I, ,  of county,  State  of ,  being  entitled  to  the  benefits  of  section  2306  of  the  Re- 
vised Sututes  of  the  United  States,  granting  additional  lands  to  soldiers  and  sailors  who  served  in  the  war  of 

the  rebellion,  do  hereby  apply  to  enter  the of  section ,  of  township ,  of  range ,  contain- 

acres,  as  additional  to  my  original  homestead  on  the of  section ,  of  township ,  of  range 

,  containing acres,  which  I  entered ,  18 — ,  per  homestead  No. . 

Land  Office  at , 


{Date) ,  18—, 

I, ,  Register  of  the  land  office  at ,  do  hereby  certify  that filed  the 

above  application  before  me  for  the  tract  of  land  therein  described,  and  that  he  has  paid  the  fees  and  commis- 
•jons  prescribed  by  law. 

,  Register.   . 

RULINGS. 

Where  a  soldier's  additional  homestead  claim  was  filed,  w-ith  all  the  papers  then  required,  by 
\n  agent,  who  also  filed  a  power  from  the  homesteader,  authorizing  the  agent  to  prosecute  the 
claim  and  receive  the  certified  papers,  they  should  be  delivered  to  the  agent,  if  he  has  done  all 
within  his  power  to  discharge  his  duties,  although  later  papers  were  filed  by  another  agent  with 
a  power  of  attorney  revoking  the  elder  power.  Rule  applied  to  this  case,  where  the  certified 
papers  contained  affidavits  filed  by  the  junior  agent  under  regulations  issued  after  tiie  elder 
papers  were  filed(»). 

(»)  C.  A.  Allison,  Land  Owner,  Vci.  H.  p.  13S. 


48 


THE  AMERICAN  SETTLER'S   GUIDE. 


A  homestead  declaratory  statement  can  only  be  filed  in  case  of  an  original  homestead  entry^ 
and  not  for  an  additional  tract(*). 

A  soldier  is  entitled  to  make  an  entry  of  one  hundred  and  sixty  acres,  of  either  minimum 
>r  double  minimum  land,  but  having  once  made  an  entry,  subsequent  to  June  22,  1874,  his 
ights  under  the  Homestead  Laws  are  exhausted,  notwithstanding  he  may  have  entered  less 
than  one  hundred  and  sixty  acres^**). 

A  soldier  who  elects  to  make  an  additional  homestead  entry  of  a  less  number  of  acres  than 
he  is  entitled  to,  cannot  make  another  entry  for  the  balanceC). 

A  qualified  soldier  or  sailor  who  homesteaded  eighty  acres  and  entered  forty  acres  addi- 
tional under  the  act  of  June  8,  1872,  will  be  allowed  to  enter  enough  more  to  make  up  one 
hundred  and  sixty  acres,  if  the  first  two  entries  were  made  prior  to  June  22,  i874(*). 

The  abandonment  of  an  original  homestead  entry  of  less  than  one  hundred  and  sixty  acres 
will  not  disqualify  a  soldier  or  sailor  from  making  an  additional  entry,  but  settlement  and 
cultivation  must  be  made  upon  the  additional  tract  the  same  as  in  case  of  an  original  entry(«). 

Applicants  for  additional  land  will  be  charged  the  original  and  final  commissions  in  all 
cases(^. 

A  qualified  soldier  under  section  2306  of  the  Revised  Statutes  may  enter  enough  more  land 
than  his  original  entry  to  make  up  one  hundred  and  sixty  acres,  and  pay  cash  for  a  small 
excess. 

But  where  he  applies  to  enter  a  tract  or  tracts,  the  area  of  which,  added  to  that  of  his  origi- 
nal entry,  shall  exceed  the  one  hundred  and  sixty  acres  by  a  greater  excess  than  the  area  it 
would  require  to  make  up  the  deficiency,  such  application  should  be  rejected(K). 

A  soldier's  additional  homestead  certificate  cannot  be  located  on  a  tract  where  the  excess  in 
area  is  more  than  the  number  of  acres  called  for  in  the  certificate(^). 

A  contest  for  abandonment  of  an  additional  entry  will  not  be  entertained(') . 

III.   Special  Relief. 

In  the  first  section  of  the  act  of  Congress  of  July  i,  1879,  entitled  "An  Act  for  the  relief 
of  settlers  on  the  public  lands  in  districts  subject  to  grasshopper  incursions^''  it  is  provided — 

"  That  it  shall  be  lawful  for  homestead  and  pre-emption  settlers  on  the  public  lands,  and  ia 
all  cases  where  pre-emptions  are  authorized  by  law,  where  crops  have  been  or  may  be  de- 
stroyed or  seriously  injured  by  grasshoppers,  to  leave  and  be  absent  from  said  lands,  unde< 
such  rules  and  regulations,  as  to  proof  of  the  same,  as  the  Commissioner  of  the  General  Lanti 
Office  shall  prescribe  ;  but  in  no  case  shall  such  absence  extend  beyond  one  year  continu 
ously;  and  during  such  absence  no  adverse  rights  shall  attach  to  said  lands,  such  settler? 
being  allowed  to  resume  and  perfect  their  settlement  as  though  no  such  absence  had  o* 
curred." 

And  in  its  second  section  it  is  provided — 

"  That  the  time  for  making  final  proof  and  payment  by  pre-emptors  whose  crops  shall  hav- 
been  destroyed  or  injured  as  aforesaid,  may,  in  the  discretion  of  the  Commissioner  of  tht. 
General  Land  Office,  be  extended  for  one  year  after  the  expiration  of  the  term  of  absence 
provided  for  in  the  first  section  of  this  act ;  and  all  the  rights  and  privileges  extended  by  this 
act  to  homestead  and  pre-emption  settlers  shall  apply  to  and  include  the  settlers  under  an  act 
entitled  *  An  act  to  encourage  the  growth  of  timber  on  western  prairie%'  approved  March 
third,  eighteen  hundred  and  seventy-three,  and  the  acts  amendatory  thereof." 

The  proof  required  in  the  first  section  of  said  act  may  consist  of  the  affidavit  of  the  claim-- 

(•)  J.  N.  Langford,  Copp's  Public  Land  Laws,  p.  281. 

C»)  J.  J.  Thomas,  Land  Owner,  Vol.  s,  p.  147.  («)  Joseph  Alsip^  Land  Owner,  Vol.  4,  p.  179. 

(*)  Charles  Radamacker,  Copp's  Public  Land  Laws,  p.  280. 

(•)  J.  W.  Hays,  Land  Owner,  Vol.  3,  p.  21.  (*)  J.  Atkinson,  Land  Owner,  Vol.  i,  p.  35. 

(f)  Miles  Schoolcraft,  Land  Owner,  Vol.  2,  p.  99.  (h)  W.  C.  Gleason,  iMnd  Owner,  Vol,6,  p.  xo6. 

{«)  White  vs.  Laffcrry,  Copp's  Public  Lard  Laws,  p.  280. 


THE  AMERICAN    SETTLER'S   GUIDE.  4$ 

ant,  giving  the  particulars  of  the  alleged  destruction  or  serious  injury  of  crops  by  grass- 
hoppers, and  the  affidavits  of  two  or  more  witnesses  corroborative  thereof,  and  should  be 
ubmitted  at  time  of  making  final  proof  through  the  Register  and  Receiver  of  the  proper 
lictrict  land  office.  The  particulars  given  should  be  such  as  to  admit  of  a  decision  whether 
.he  absence  was  justified  by  law  or  not,  and  should  of  course  indicate  at  what  time  the  party 
left  the -land,  and  when  he  resumed  his  settlement. 

Written  notice  of  intended  absence,  signed  by  the  party,  should  be  filed  with  the  Register, 
and  Receiver  when  he  leaves  his  claim,  and  be  noted  on -the  tract-books;  this  for  the  pro- 
tection of  the  claimant,  and  as  notice  to  those  who  might  otherwise  make  settlement  and 
attempt  to  obtain  title. 

Claimants  desiring  the  extension  of  time  provided  for  in  the  second  section  of  the  act 
may  apply  therefor  through  the  same  officers,  the  application  to  be  supported  by  the  same 
character  of  proof.  The  affidavits  required  in  cises  under  this  act,  as  before  indicated,  may 
je  made  before  any  officer  using  a  seal  and  authorized  to  adminster  oaths,  or  before  the  Reg- 
^ter  or  Receiver  of  the  district  land  office. 

Acts  of  May  14,  1880,  and  June  15,  1880. 
An  Act  for  the  relief  of  settlers  on  public  lands. 

Be  it  enacted,  etc..  That  when  a  pre-emption,  homestead,  or  timber- culture  claimant  shall  file 
a  written  relinquishment  of  his  claim  in  the  local  land  office,  the  land  covered  by  such  claim 
shall  be  held  as  open  to  settlement  and  entry  without  further  action  on  the  part  of  the  Commis- 
sioner of  the  General  Land  Office. 

Sec.  2.  In  all  cases  where  any  person  has  contested,  paid  the  land  office  fees,  and  procured 
the  cancellation  of  any  pre-emption,  homestead,  or  timber-culture  entry,  he  shall  be  notified  by 
the  Register  of  the  land  office  of  the  district  in  which  such  land  is  situated  of  such  cancellation, 
and  shall  be  allowed  thirty  days  from  date  of  such  notice  to  enter  said  lands :  Provided,  Thar 
said  Register  shall  be  entitled  to  a  fee  of  one  dollar  for  the  giving  of  such  notice,  to  be  paid  by 
the  contestant,  and  not  to  be  reported. 

Sec.  3.  That  any  settler  who  has  settled,  or  who  shall  hereafter  settle,  on  any  of  the  public 
lands  of  the  United  States,  whether  surveyed  or  unsurveyed,  with  the  intention  of  claiming  the 
same  under  the  homestead  laws,  shall  be  allowed  the  same  time  to  file  his  homestead  applica- 
tion and  perfect  his  original  entry  in  the  United  States  Land  Office,  as  is  now  allowed  to  settlers 
under  the  pre-emption  laws  to  put  their  claims  on  record,  and  his  right  shall  relate  back  to  the 
date  of  settlement,  the  same  as  if  he  had  settled  under  the  pre-emption  law. 

Approved  May  14,  1880. 
An  Act  for  the  relief  of  settlers  on  public  lands. 

[Section  I  relates  wholly  to  relief  of  parties  trespassing  on  timber  lands  prior  to  March  i, 

1879.] 

Sec.  2.  That  persons  who  have  heretofore  under  any  of  the  homestead  laws  entered  lands 
properly  subject  to  such  entry,  or  persons  to  whom  the  right  of  those  having  so  entered  for 
homesteads  may  have  been  attempted  to  be  transferred  by  bona  fide  instrument  in  writing,  may 
entitle  themselves  to  said  lands  by  paying  the  Government  price  therefor,  and  in  no  case  less 
than  one  dollar  and  twenty-five  cents  per  acre,  and  the  amount  heretofore  paid  the  Government 
upon  said  lands  shall  be  taken  as  a  part  payment  of  said  price  :  Provided,  This  shall  in  no  wise 
interfere  with  the  rights  or  claims  of  others  who  may  have  subsequently  entered  such  lands 
under  the  homestead  laws. 

Sec.  3.  That  the  price  of  lands  now  subject  to  entry  which  were  raised  to  two  dollars  and 
fifty  cents  per  acre,  and  put  in  market  prior  to  January,  eighteen  hundred  and  sixty-one,  by 
reason  of  the  grant  of  alternate  sections  for  railroad  purposes,  is  hereby  reduced  to  one  dollar 
and  twent}'-five  cents  per  acre. 

Sec.  4.  This  act  shall  not  apply  to  any  of  the  mineral  lands  of  the  United  States ;  and  no 
person  who  shall  be  prosecuted  for  or  proceeded  against  on  account  of  any  trespass  committed 
4 


50  THE  AMERICAN  SETTLER'S  GUIDE. 

or  material  taken  from  any  of  the  public  lands  after  March  first,  eighteen  hundred  and  seventy- 
nine,  shall  be  entitled  to  the  benefit  thereof. 
Approved  June  15,  1880. 

INSTRUCTIONS  UNDER  ACT  OF  JUNE  1 5,  1880. 

Under  the  second  section  of  the  above  law,  persons  who  prior  to  June  15,  1 880, 
entered,  under  any  of  the  homestead  laws,  lands  properly  subject  to  such  entry,  are  permitted 
to  obtain  title  by  paying  the  Government  price,  less  the  fee  and  commissions  paid  at  date  of 
original  entry. 

In  allowing  entries  of  this  class,  proof  will  be  required  that  the  party  was  twenty-one  years 
of  age,  was  a  citizen  or  had  declared  his  intention  to  become  a  citizen  of  the  United  States,  and 
was  in  other  respects  entitled  to  make  the  entry.     [This  proof  is  not  now  required.] 

When  homestead  entries,  made  prior  to  June  15, 1880,  have  been  attempted  to  be  transferred 
by  bona  fide  instrument  in  writing,  the  persons  to  whom  such  transfers  were  made  are  author- 
ized to  obtain  title  by  like  payments,  and  with  like  deduction  of  fees  and  commissions,  as  in  the 
case  of  original  homestead  parties. 

The  instrument  in  writing  by  which  it  was  sought  to  transfer  the  homestead  right  must  be 
filed,  together  with  the  best  evidence  attainable  of  the  bona  fide  character  of  the  transfer,  in- 
cluding the  affidavit  of  the  party  who  seeks  to  purchase.  Satisfactory  proof  must  be  submitted 
that  the  attempted  transfer  was  made  prior  to  June  15,  1 880. 

No  entry  will  be  allowed  under  the  second  section  when  an  entry  under  the  homestead  laws 
shall  have  been  made  on  the  same  land  subsequent  to  the  original  entry;  nor  if  the  land  was 
embraced  in  a  prior  valid  entry  existing  at  date  of  the  original  homestead  entry;  nor  where 
adverse  legal  rights  of  any  character  exist  at  the  date  of  the  application  or  purchase. 

Applications  to  purchase  under  the  second  section  will  be  made  as  in  ordinary  cash  entry, 
and  must  be  accompanied  by  the  Receiver's  duplicate  homestead  receipt ;  or,  if  that  has  been 
lost  or  destroyed,  by  an  affidavit  setting  forth  such  fact,  and  giving  the  Register's  and  Receiver's 
number,  and  the  date  of  the  original  homestead  entry.  It  must  also  be  stated  in  the  application 
that  the  same  is  made  under  the  second  section  of  the  act  of  June  15,  1880, 

Where  the  duplicate  receipt  has  been  lost  or  destroyed,  and  the  application  to  purchase  is 
made  by  the  original  homestead  party,  the  applicant  must  make  oath  that  he  has  not  transferred 
ncr  attempted  to  transfer  his  homestead  rights  under  said  entry,  nor  assigned  his  right  to  receive 
the  repayment  of  the  fees,  commissions,  and  excess  payments  paid  thereon. 

In  each  case  of  an  entry  under  the  second  section,  the  Register  will  certify  to  the  Receiver 
the  amount  to  be  allowed  as  credit  for  fees,  commissions,  and  excesses  already  paid ;  the  appli- 
cant first  making  oath  that  said  fees,  commissions,  and  excess  payments  have  not  been  repaid, 
and  that  no  application  for  such  repayment  has  been  made. 

Final  homestead  proof  not  being  required  in  these  cases,  rio  advertisement  or  notice  of  inten- 
tion to  make  final  proof  is  necessary,  and  no  final  homestead  fees  are  to  be  paid  or  collected. 

Warrants  and  scrip  made  receivable  by  law  for  lands  subject  to  sale  at  private  entry,  or  in 
commutation  of  homestead  or  pre-emption  rights,  and  certificates  of  deposit  on  account  of  sur- 
veys, will  be  deemed  receivable  for  lands  purchased  under  the  act  of  June  15,  1880. 

The  existing  rule  must,  however,  be  observed,  that  where  the  value  of  warrants  or  scrip  ex- 
ceeds that  of  the  land  entered  therewith,  no  repayment  is  authorized,  but  the  warrant  or  scrip 
applied  must  be  fully  surrendered.  In  such  case,  there  would  be  no  claim  for  repayment  on 
account  of  the  fees  and  commissions  paid  on  the  original  homestead  entry. 

The  third  section  reduces  to  one  dollar  and  twenty-five  cents  per  acre,  the  price  of  any 
lands  which  were  subject  to  entry  at  two  dollars  and  fifty  cents  per  acre  at  the  date  of 
the  approval  of  the  act,  having^  been  doubled  in  price  by  reason  of  the  grant  of  alternate 
sections  for  railroad  purposes,  and  which  were  put  in  market  at  that  price  prior  to  the  ist  of 
January,  1861.  Lands  which  have  not  been  put  in  market  for  sale  at  ordinary  private  entry 
at  two  dollars  and  fifty  cents  per  acre,  or  which  were  so  put  in  market  subsequent  to  the  istof 
January,  1861,  are  not  changed  in  price  by  this  section.     By  reference  to  official  records,  it 


THE  AMERICAN  SETTLER'S  GUIDE.  51 

will  be  in  any  one's  power  to  ascertain  the  facts  in  regard  to  any  lands  from  which  to  decide 
as  to  the  applicability  of  the  rule  to  such  lands. 

None  of  the  provisions  of  this  act  apply  to  mineral  lands,  and  no  person  is  entitled  to  th 
benefit  of  any  promsion  of  the  entire  act  who  falls  within  the  inhibition  named  in  this  section 

RULINGS. 

The  district  land  officers  are  instructed  not  to  accept  or  act  upon  any  relinquishment,  unless 
made  before  them,  which  has  not  been  duly  subscribed  by  the  claimant  on  the  back  of  his  du- 
plicate receipt,  and  acknowledged,  witnessed,  and  executed  in  the  manner  requisite  under  the 
laws  of  the  State  or  Territory  in  which  the  land  is  situated  for  the  valid  transfer  of  real  estate. 
]n  case  of  the  loss  of  the  duplicate  receipt,  an  affidavit  of  such  loss  must  accompany  the  written 
relinquishment(*). 

When  a  relinquishment  is  filed  before  the  final  disposition  of  a  contest,  it  should  be  treated 
as  proof  of  abandonment,  and  the  contestant  notified  of  his  preferred  right  of  entry^*). 

The  act  of  May  14,  1880,  gives  the  contestant  of  a  homestead  entry  a  preference  nght  only 
upon  the  cancellation  of  the  entry. 

A  homestead  claimant  whose  entry  is  being  contested  under  the  act  of  May  14,  1880,  may 
purchase  the  tract  entered  under  the  act  of  June  15,  1880,  and  thus  prevent  any  right  of  the 
contestant  from  attaching ("). 

The  act  of  May  14,  1880,  places  the  homestead  claimant  of  unsurveyed  land  in  the  same  po- 
sition with  pre-emption  claimants  as  regards  the  right  to  place  his  claim  on  record  within  three 
months  after  filing  of  township  plat  of  survey  in  the  local  office,  notwithstanding  the  fact  that 
the  land  has  been  appropriated  by  a  prior  homestead  entry (*). 

Under  the  act  of  May  14,  1880,  a  homestead  claimant  who  settled  on  land  covered  by  an 
uncancelled  prior  entry,  cannot  be  credited  with  the  time  such  entry  remained  uncancelled 
after  his  settlement(«). 

Parties  cannot,  under  the  law  of  May  14,  1880,  be  allowed  credit  for  settlement  on  land 
withdrawn  for  railroad  purposes  prior  to  the  restoration  thereof  to  market  ('). 

An  administrator  cannot  purchase  the  tract  of  land  covered  by  the  homestead  of  a  deceased 
entrj'man;  but  the  right  descends  to  his  widow,  minor  orphan  children,  or  heirs.     Where  a 
transfer  of  his  right,  or  an  attempt  at  transfer,  was  made  prior  to  the  claimant's  death,  the  right 
to  purchase  is  in  the  party  concerned,  to  the  exclusion  of  the  widow,  children,  and  heirs  («). 
The  widow  of  a  deceased  settler  may  sell  her  right  xinder  the  act  of  June  15,  i88o(^). 

Act  of  June  16,  1880 — Repayments. 

The  following  are  the  essential  sections  of  this  act; 
An  Act  for  the  relief  of  certain  settlers  on  the  public  lands,  and  to  provide  for  the  repayment 

of  certain  fees,  purchase  money  aud  commissions,  paid  on  void  entries  of  public  lands. 

In  all  cases  where  it  shall,  upon  due  proof  being  made,  appear  to  the  satisfaction  of  the 
Secretary  of  the  Interior  that  innocent  parties  have  paid  the  fees  and  commissions  and  excess 
payments  required  upon  the  location  of  claims  under  the  soldiers'  and  sailors'  homestead  act, 
which  said  claims  were,  after  such  location,  found  to  be  fraudulent  and  void,  and  the  entries  or 
locations  made  thereon  canceled,  the  Secretary  of  the  Interior  is  authorized  to  repay  to  such 
innocent  parties  the  fees  and  commissions,  and  excess  payments  paid  by  them,  upon  the  sur- 
render of  the  receipts  issued  therefor  by  the  receivers  of  public  moneys,  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  and  shall  be  payable  out  of  the  appropriation  to  refund 
purchase-money  on  lands  erroneously  sold  by  the  United  States. 

Sec.  2.  In  all  cases  where  homestead  or  timber-culture  or  desert-land  entries  or  other  entries 
of  public  lands  have  heretofore  or  shall  hereafter  be  canceled  for  conflict,  or  where,  from  any 
cause,  the  entry  has  been  erroneously  allowed  and  cannot  be  confirmed,  the  Secretary  of  the 

r»)  General  Circular,  October  i,  1880,  p.  16.  n>)  Johnson  vs.  Halvorson,  Land  Owner,  Vol.  8,  p.  56. 

(•)  Gohrman  vs.  Ford,  Land  Owner,  Vol.  8,  p,  6.  {i)  Esrey  vs.  Glenn,  Land  Owner,  Vol.  7,  p.  148. 

(•)  Michael  McVcy,  Land  Owner,  Vol.  8,  p.  92.  (0  Northern  P.  R.  R.  Co.,  Land  Owner,  Vol.  8,  p.  91. 

(«)  Alejtandor  Low,  Land  Owner ^  Vol.  8,  p.  72.  (k)  D'.  F.  Herrington,  Land  Owner,  Vol.  8,  p.  56. 


82  THE  AMERICAN  SETTLER'S  GUIDE. 

Interior  shall  cause  to  be  repaid  to  the  person  who  made  such  entry,  or  to  his  heirs  or  assigns, 
the  fees  and  commissions,  amount  of  purchase  money,  and  excesses  paid  upon  the  same,  upon 
Ihe  surrender  of  the  duplicate  receipt  and  the  execution  of  a  proper  relinquishment  of  all  claims 
o  said  kind,  whenever  such  entry  shall  have  been  duly  canceled  by  the  Commissioner  of  the 
jeneral  I-and  Office;  and  in  all  cases  where  parties  have  paid  double  minimum  price  for  land 
which  has  afterwards  been  found  not  to  be  within  the  limits  of  a  railroad  land  grant,  the  excess 
of  one  dollar  and  twenty-five  cents  per  acre  shall  in  like  manner  be  repaid  to  Uie  purchaser 
thereof,  or  to  his  heirs  or  assigns. 

Act  of  June  8,  1880 — Insane  Claimants. 
An  Act  to  provide  for  issuing  patents  where  the  claimants  have  become  insane. 

In  all  cases  in  which  parties  who  regularly  initiated  claims  to  public  lands  as  settlers  thereoa 
according  to  the  provisions  of  the  pre-emption  or  homestead  laws,  have  become  insane  or  shal) 
hereafter  become  insane  before  the  expiration  of  the  time  during  which  their  residence,  cultiva- 
tion, or  improvement  of  the  land  claimed  by  them  is  required  by  law  to  be  continued  in  ordei 
to  entitle  them  to  make  the  proper  proof  and  perfect  their  claims,  it  shall  be  lawful  for  the  re- 
quired proof  and  payment  to  be  made  for  their  benefit,  by  any  person  who  maybe  legally 
authorized  to  act  for  them  during  their  disability;  and  thereupon  their  claims  shall  be  confirmed 
and  patented,  provided  it  shall  be  shown  by  proof  satisfactory  to  the  Commissioner  of  the  Gen- 
eral land  Office  that  the  parties  complied  in  good  faith  with  the  legal  requirements  up  to  the 
time  of  their  becoming  insane,  and  the  requirement  in  homestead  entries  of  an  affidavit  of 
allegiance  by  the  applicant  in  certain  cases  as  a  pre-requisite  to  the  issuing  of  the  patents  shall 
be  dispensed  with  so  far  as  regards  such  insane  parties. 

REGULATIONS   UNDER  THE  ABOVE  ACT. 

This  act  applies  only  to  pre-emption  and  homestead  claims. 

Such  claims  must  have  been  initiated  in  full  compliance  with  law,  by  persons  who  had  de- 
clared their  intention  to  become  citizens,  and  were  in  other  respects  duly  qualified, 

The  party  for  whose  benefit  the  act  shall  be  invoked  must  have  become  insane  subsequent  to 
the  initiation  of  his  claim,  and  the  act  will  not  be  construed  to  cure  a  failure  to  comply  with  the 
law,  when  such  failure  occurred  prior  to  such  insanity. 

If  such  claimant  is  shown  to  have  complied  with  the  law  up  to  the  time  of  becoming  insane, 
final  proof  will  not  be  received  in  homestead  cases  until  the  expiration  of  five  years  from  the 
date  of  the  original  entry,  but  proof  of  residence  and  cultivation  will  be  required  to  cover  only 
the  period  prior  to  such  insanity.  If  a  claimant  becomes  insane  after  expiration  of  the  period 
of  residence,  etc.,  the  act  will  be  construed  to  permit  his  guardian  to  act  for  him  within  the 
time  in  which  he  might  have  made  final  entry  himself. 

The  final  proof  must  be  made  by  a  party  whose  authority  to  act  for  the  insane  person  during 
such  disability  shall  be  duly  certified  under  seal  of  the  proper  probate  court,  and  no  proof  of 
citizenship,  except  of  declaration  of  intention  to  become  a  citizen,  will  be  required. 

Act  of  January  13,  z88i — Railroad  Lands. 

An  Act  for  the  relief  of  certain  settlers  on  restored  railroad  lands. 

All  persons  who  shall  have  settled  and  made  valuable  and  permanent  improvements  upon  any 
ood-numbered  section  of  land  within  any  railroad  withdrawal,  in  good  faith  and  with  the  per- 
mission or  license  of  the  railroad  company  for  whose  benefit  the  same  shall  have  been  made, 
and  with  the  expectation  of  purchasing  of  such  company  the  land  so  settled  upon,  which  land 
so  settled  upon  and  improved,  may,  for  any  cause,  be  restored  to  the  public  domain,  and  who, 
at  the  time  of  such  restoration,  may  not  be  entitled  to  enter  and  acquire  title  to  such  land  under 
he  pre-emption,  homestead,  or  timber-culture  acts  of  the  United  States,  shall  be  permitted,  at 
jiy  time  within  three  months  after  such  restoration,  and  under  such  rules  and  regulations  as  the 
Commissioner  of  the  General  Land  Office  may  prescribe,  to  purchase  not  to  exceed  one  hun- 
dred and  sixty  acres  in  extent  of  the  same  by  legal  subdivisions,  at  the  price  of  two  dollars  and 
fifty  cents  per  acre,  and  to  receive  patents  therefor. 


THE  AMERICAN  SETTLER'S  GUIDE.  5^ 

Act  of  March  3,  1881 — Climatic  Reasons. 
An  Act  to  amend  section  two  thousand  two  hundred  and  ninety-seven  of  the  Revised  Statutes, 

relating  to  homestead  settlers. 

Where  there  may  be  climatic  reasons,  the  Commissioner  of  the  General  Land  Office  may,  it 
his  discretion,  allow  the  settler  twelve  montlis  from  the  date  of  filing  in  which  to  commence  his 
residence  on  said  land,  under  such  rules  and  regulations  as  he  may  prescribe. 

REGULATIONS   UNDER   THE   ABOVE   ACT. 

At  tlie  expiration  of  six  months  from  date  of  entry,  the  homestead  party  who  has  not  been 
able  to  establish  a  bona  Jide  residence  upon  the  homestead,  owing  to  cUmatic  reasons,  must  file 
with  you  his  affidavit,  duly  corroborated  by  two  credible  witnesses,  giving  in  detail  the  storms, 
floods,  blockades  by  snow  or  ice,  or  other  climatic  causes,  which  rendered  it  impossible  for  him 
to  commence  residence  within  six  months. 

It  will  be  insisted  in  each  case  that  the  claimant  shall  exercise  all  reasonable  diligence  in 
estabhshing  bona  Jide  residence  as  soon  as  possible  after  the  climatic  hindrances  have  disap- 
peared ;  and  a  failure  to  do  so  would  imperil  the  entry  in  the  event  of  a  contest  prior  to  the 
expiration  of  one  year  from  date  of  entry.  A  claimant  cannot  be  allowed  the  latitude  of  twelve 
months,  when  it  can  be  shown  that  he  could  have  established  his  residence  on  the  land  at  an 
earlier  day.  To  the  end  that  proper  data  may  be  placed  on  file,  you  will  require  each  settler 
who  seeks  the  remedy  which  said  act  trusts  to  my  discretion,  to  furnish  a  supplemental  corrob- 
orated affidavit  as  soon  as  residence  is  established  by  him,  giving  date  of  the  completion  of  his 
house,  its  probable  value,  and  the  date  of  commencmg  residence  therein. 

The  affidavits  called  for  should  be  acknowledged  as  in  homestead  proof,  before  a  judge  or 
clerk  of  the  court  of  the  county  in  which  the  claimant  resides,  or  before  a  district  land  officer. 

RULINGS   UNDER   ACT   OF   MARCH    3,  1 879,  ALLOWING   ADDITIONAL  HOMESTEADS.     (seC  p.  27.) 

A  homestead  claimant,  otherwise  qualified,  may  make  an  additional  homestead  entry,  not- 
withstanding his  original  homestead  entry  was  changed  to  a  cash  entry  under  the  act  of  Jun 
15,  i88o(*). 

A  new  entry  under  the  act  may  be  allowed,  notwitlistanding  a  settlement  on  the  land  em- 
braced in  the  original  entry  was  not  made,  as  the  privilege  allowed  by  the  law  is  unconditionaL 
Cultivation  and  settlement  must  be  made  on  the  additional  land(^). 

New  entry  will  be  allowed  without  any  additional  payment  of  fee  or  commissions,  without 
regard  to  the  area  of  land  heretofore  entered,  or  applied  for,  or  the  amount  of  fee  and  commis- 
sions previously  paidC). 

Patent  cannot  issue  on  an  additional  homestead  entry  until  the  party  has  resided  on  and  cul- 
tivated such  additional  entry  tract  for  at  least  one  year  from  date  of  the  new  or  additional  entry(*). 

Final  proof  must  be  made  on  such  entries  within  two  years  after  the  completion  of  the  term 
of  residence  and  cultivation  required  by  law ;  and  as  your  son  has  made  proof  on  his  original 
entry  showing  residence  and  cultivation  for  a  period  of  "  five  years,"  he  is  entitled  to  a  credit 
oi/our  years  on  his  additional  entry,  and  must  therefore  make  final  proof  thereon  within  three 
years  from  the  date  of  said  additional  entry ;  as  it  would  seem  from  the  language  used  in  said 
act  (with  reference  to  residence  and  cultivation)  that  it  (the  act)  was  intended  to  conform  as 
nearly  as  possible  to  existing  statutes,  as  in  cases  where  the  original  entry  is  relinquished  and  a 
tiew  entry  made,  the  proof  must  be  made  within  seven  years  from  the  date  of  the  original  entry  y 
if  any  credit  is  claimed  thereon  (on  original);  and  in  cases  of  additional  entries  where  proof 
has  been  made  on  tlie  original  entry,  the  act  virtually  extends  the  time  within  which  proof  must 
be  made  as  required  by  law  to  a  period  of  two  years  subsequent  to  the  completion  of  tlie  term 
of  "residence  and  cultivation  required  by  law"(«). 

A  woman  having  married  is  not  disqualified  from  making  an  additional  homestead  under 
tliis  acl('). 

(»)  E.  D.  Sewall,  LaTid  Oiuner,  Vol.  8,  p.  72.  (b)  Anton  Rager,  Ltifid  Oiuner,  Vol.  8,  p.  35. 

(•)  liistruciions,  LMud  Otj.ier,  Vol.  8,  p.  71.  (dj  Frank  Buffmire,  Laud  Owner,  Vol.  8,  p.  56. 

(«;  L.  M.  Wirt,  Land  Oivner,  Vol.  7,  p.  25.  i/j  Eda  Carnochau,  Land  Ozvner,  Vol.  8,  p.  lai. 


54  THE  AMERICAN  SETTLER'S  GUIDE. 

Late  Rulings  Under  the  Homestead  Laws. 

SETTLEMENT  AND   ENTRY. 

A  party  who  goes  upon  public  land  as  a  tenant  for  a  pre-emptor  or  homesteader  cannot 
claim  against  his  landlord  (*), 

Where  a  party  goes  upon  public  land  as  the  tenant  of  an  absent  person  who  has  not  made 
entry  of  the  land,  he  may  make  entry  in  his  own  name(*'). 

The  tenant  of  a  railroad  company  cannot  base  a  pre-emption  or  homestead  claim  upon  oc- 
cupancy of  the  railroad  right  of  way(''). 

A  homestead  entry  must  be  canceled  where  a  party  fails  to  show  citizenship(*). 

Parties  desiring  to  enter  government  lands  under  the  homestead  or  timber  culture  laws,  who 
are  alien  born,  and  state  in  their  affidavits  that  they  have  declared  their  intention  to  become 
citizens  of  the  United  States,  must  furnish  record  proof  of  the  same  to  accompany  their  appli- 
cation and  affidavit(*). 

A  homesteader  who  is  naturalized  through  his  father,  must  show  that  he  was  dwelling 
within  the  United  States  at  the  time(^). 

Pending  a  pre-emption  claim,  a  party  cannot  make  a  homestead  entry  without  abandoning 
his  pre-emption  claim  (8), 

Where  a  qualified  party  desires  to  make  both  a  homestead  and  a  timber  culture  entry,  he 
may  commence  contest  against  two  timber  culture  entries  f'^). 

A  homestead  claimant  who  relinquished  his  homestead  in  Kansas  on  account  of  grasshopper 
ravages,  exhausts  his  right  of  homestead,  and  cannot  make  a  second  entry  in  another  State(*). 

Where  a  homestead  settler  dies  before  completing  the  proceedings  for  making  a  homestead 
entry,  the  administrator  may  make  such  entry  for  the  benefit  of  the  infant  children  (the  mother 
being  dead),  and  in  due  time  make  the  required  final  proof(J). 

A  mmor's  entry  is  canceled,  but  he  is  allowed  to  make  another  entry  of  the  land  with  credit 
for  settlement  from  the  date  he  became  21  years  of  age^). 

Where  an  application  is  made  by  a  party  to  enter  land  as  a  homestead,  and  the  party  dies 
before  the  entry  is  perfected,  his  heirs  may  make  the  desired  entry (i). 

An  heir  can  claim  in  general  only  when  the  ancestor's  right  was  perfect  at  his  deathC"). 

A  married  woman  cannot  make  a  homestead  entry  or  a  timber  culture  entry  unless  she  has 
been  deserted  by  her  husband,  or  for  some  other  reason  can  be  regarded  as  the  head  of  the 
family  (°). 

A  widow  as  the  legal  representative  of  her  deceased  husband  may  continue  to  cultivate  his 
homestead,  and  at  the  same  time  make  an  entry  in  her  own  name(**). 

The  mere  fact  of  consanguinity  with  a  local  officer  will  not  invalidate  a  homestead  entry. 
As  the  homestead  party  is  not  a  member  of  the  Receiver's  family  nor  an  employee  in  the  land 
office,  his  entiy  is  allowed  to  stand(P). 

A  homestead  entry  by  a  sister  of  the  Receiver  is  not  objectionable  on  that  account  alone(*i). 

A  party  made  a  homestead  entry,  and  prior  to  the  end  of  six  months  from  date  of  such 
entry,  made  cash  entry  on  a  pre-emption  filing  covering  different  land:  held^  that  the  home- 
stead entry  should  be  canceled  (•■). 

A  qualified  party  may  relinquish  his  timber  culture  entry,  and  enter  the  same  land  as  a 
homesteadC). 

(*)  Callahan  vs.  McLaughlin,  Land  Owner,  Vol.  10,  (J)  Fred.  Muske,  Land  Oivner,  Vol.  10,  p.  35. 

p.  256.  (k)  W.  T.  Bostwick,  Land  Owner,  Vol.  10,  p.  89. 

(•>)  Ficker  vs.  Murphy,  Land  Owner,  Vol.  10,  p.  377.  {})  Townsend's  Heirs  vs.  Spellman,  Land  Owner, 
(«)  Gardner  vs.  Snowden,  Land  Owuer,  Vol.  10,  p.  Vol.  10,  p.  241. 

173-  (™)  Elias  Brechbill,  Land  Owner,  Vol.  10,  p.  262. 

(d)  Thomas  Madigan,"Za«^  Owner,  Vol.  9,  p.  7.  (n)  Anna  D.  Wohlfarth,  iMnd  Owner,  Vol.  10,  p.  333. 

(•)  Instructions,  Land  Owner,  Vol.  10,  p.  103.  (»)  F.  M.  Heaton,  Land  Owner,  Vol.  10,  p.  90. 

(')  Adolphus  Pinder,  Land  Owner,  Yo\.  9,  p.  72.  (p)  Cronk  vs.  Page,  Land  Owner,  Vol.  10,  p.  120. 

(k)  Rufus  McConliss,  Land  Owner,  Vol.  10,  p.  41.  (q)  Livingston  vs.  Page,  Land  Owner,  Vol.  10,  p.  121. 

(•>)  Milton  F.  Bloss,  Land  Owuer,  Vol.  10,  p.  107.  (')  Carrie  L.  Wheelock,  Land  Owner,  Vol.  10,  p.  24c, 

(*)  Davis  vs.  McNeel,  Land  Owner,  Vol.  11,  p.  85.  (•)  W.  C.  Latimer,  Land  Owner,  Vol.  8,  p.  122. 


THE  AMERICAN  SETTLER'S  GUIDE.  55 

A  patent  may  be  corrected  so  that  the  patentee's  name  shall  agree  with  his  signature.  But 
if  the  claimant  signed  his  name  incorrectly  in  his  application,  his  remedy  is  in  the  courts(*). 

An  association  cannot  enter  land  under  the  pre-emption  or  homestead  law^''). 

A  homestead  settler  on  unsurveyed  public  land  not  yet  open  to  entry  must  make  entry 
within  three  months  after  the  filing  of  the  township  plat  of  survey  in  the  district  land  oificeC). 

The  act  of  settlement  must  be  notorious  and  significant  of  a  purpose('^). 

The  mere  act  of  locking  the  door  of  a  purchased  house  is  not  settlement(^). 

Settlement  is  a  personal  act,  and  can  date  only  from  the  time  the  party  went  upon  the  land. 
Purchase  of  prior  improvements  does  not  transfer  vendor's  date  of  settlement(^). 

Work  by  a  party  who  is  hired  to  dig  a  ditch  cannot  be  claimed  as  an  act  of  settlement(8). 

Existing  entries  are  a  bar  to  other  entries  or  filings  not  based  on  prior  settlement.  The  time 
during  which  plats  are  withdrawn  from  the  local  office,  does  not  run  against  homestead  or 
pre-emption  clairaants(^) 

Credit  is  not  allowed  for  settlement  on  land  not  subject  to  entry('). 

A  subsequent  settler  who  enters  unenclosed  land  without  force  can  acquire  title(^). 

Acts  of  settlement  performed  while  the  land  is  embraced  in  a  homestead  entry  give  a 
claimant  no  legal  status.  After  cancellation  of  the  entry  the  rights  of  two  pre-emptors  mxist 
be  determined  by  their  settlement,  and  not  by  their  residence ;  the  first  bona  fide  settler  takes 
the  land  in  dispute  if  followed  within  a  reasonable  time  by  his  residence  thereon(^) 

A  settlement  is  an  appropriation  of  land,  and  a  subsequent  entry  is  subject  to  the  settler's 
compliance  with  law.  The  entry  appropriates  it  against  the  world,  except  the  prior  settler. 
The  assertion  of  the  settler's  clatm  initiates  a  contest.  The  burden  and  expense  of  proof  is 
upon  the  entryman.  The  settler's  application  to  transmute  must  be  received,  and  the  entry- 
man  given  an  opportunity  to  show  cause  why  it  should  not  be  permitted('). 

A  homestead  entry  is  an  appropriation  of  the  land  involved,  taking  effect  from  date  of  set- 
tlement, and  after  that  date  a  pre-emptor  could  acquire  no  rights  to  the  land  except  on  can- 
cellation of  the  homestead  entry(™). 

In  case  of  unsurveyed  lands,  where  a  party  notifies  a  subsequent  settler  to  keep  liis  stock 
away  from  the  land  covered  by  the  prior  party's  improvements,  it  is  sufficient  notice  that  he 
claims  the  subdivision  upon  which  his  improvements  should  appear  to  be  when  survey  was 
madeC). 

A  party  purchasing  from  the  U.  S.  a  tract  on  which  are  abandoned  improvements,  may 
claim  the  improvements  found  upon  it  at  date  of  purchase^). 

While  a  homestead  entry  remains  uncanceled,  another  entry  of  any  kind  cannot  bi  al- 
lowed (p). 

An  entry  of  record  valid  on  its  face  excepts  a  tract  of  land  from  a  subsequent  law,  gr?.nt  or 
sale  until  a  forfeiture  is  declared (i) 

A  mere  occupant  of  public  land  has  no  right  thereto('). 

Joint  entry  by  pre-emption  and  homestead  claimants  may  be  allowed  (»). 

Where  two  homesteaders  settled  before  survey  on  the  same  forty-acre  tract,  joint  cash  entry 
may  be  made(*). 

The  practice  of  allowing  parties  making  a  homestead  or  timber-culture  entrj'  credit  foi  the 
fee  and  commissions  paid  by  them  on  a  canceled  prior  entry  is  discontinued^'"). 

(»)  Alexander  Chaboillez,  Land  Ower  'Vol.  9,  p.  84.  (i)  Slate  vs.  Dorr,  Land  O-amer,  Vol.  10,  p.  312. 

0>)  Krom  vs.  Lineberg,  Land  Owner,  Vol.  9,  p.  167.  (»>)  Cragin  vs.  Melbarg,  Land  Oiuner,  Vol.  10,  f.  168. 

(•)  Land  Office  Circular,  March  i,  1884,  p.  12.  (n)  Hart  vs.  Guiras,  Land  Oitmer,  Vol.  10,  p.  326. 

(4)  Morgan  vs.  Maxwefl,  Land  Owner,  Vol.  10,  p.  70.  (0)  Bishop  vs.  Porter,  Land  O-amer,  Vol.  9,  p.  166. 

(•)  Cragin  vs.  Melbarg,'  Landowner,  Vol.  10,  p.  168.  (P)  Whitney  vs.  Maxwell,  Land  Owner,  Vol.  10,  p. 
O  Knight  vs.  Haucke,  L^ind  Owner,  Vol.  10,  p.  281.  104. 

(«)  Cook  vs.  Slattery,  Land  Owner,  Vol.10,  p.  194.  (q)  St.    P.,  M.  &  M.  R.   R.  Co,  vs.  Rouse,  Land 
(k)  Ernest  Trelut,  Land  Owner,  Vol.  10,  p.  333.  Owner,  Vol.  10,  p.  215. 

(»)  Michael  McVey,  Land  Owner,  Vol.  8,  p.  92.  (')  Charles  Stevens,  Land  Owner,  Vol.  10,  p.  i2o.][^ 

Q)  Brown  vs.  Quinlan,  Land  Owner,  Vol.  10,  p.  7.  (»)  Burton  vs.  Stover,  Land  Owner,  Vol.  10,  p.  345. 

(*)  McAvinney  vs.  McNamara,  Land  Owner,  Vol.  («)  Miller  vs.  Stover,  Land  Owner,  Vol.  10,  p.  2-^. 

10,  p.  274.  (n)  Instructions,  Land  Owner,  Vol.  10,  p.  306. 


06  THE  AMERICx\N  SETTLER'S  GUIDE. 

The  term  "quarter-section"  is  used  to  designate  a  certain  legal  subdivision  of  the  public 
land  ascertained  by  official  survey.  It  generally  contains  just  1 60  acres,  but  through  the  un- 
avoidable inaccuracy  of  surveys  in  adjusting  meridians,  etc.,  it  often  exceeds  or  falls  below 
that  amount.  It  is  still,  however,  the  technical  legal  quarter  section  defined  by  law  and  as- 
certained by  official  survey.  A  homestead  settler  may  enter  160  acres  in  legal  subdivisions 
lying  contiguous  to  each  other  without  reference  to  the  quarter-section  lines,  or  he  may  enter 
a  technical  quarter-section  as  such,  in  which  case  he  can  take  the  amount  of  land  contained 
therein,  as  shown  by  the  official  survey.  In  entering  a  "  quarter-section,"  he  cannot  depart 
from  the  ascertained  lines,  but  must  take  one  hundred  and  sixty  acres,  more  or  less,  as  the 
case  may  be.  In  an  entry  of  one  hundred  and  sixty  acres,  as  nearly  as  may  be,  composed  of 
fractional  lots  bounded  by  irregular  lines,  as  in  case  of  entry  along  creeks  and  the  like,  or 
from  an  entry  embracing  subdivisions  of  different  quarter-sections,  an  applicant  may  elect  be- 
tween any  of  the  contiguous  fractional  subdivisions,  and  approximate  his  entry  to  160  acres 
without  forfeiting  any  right('*). 

An  excess  payment,  where  the  amount  would  be  less  than  one  dollar,  is  not  required  in 
homestead  and  timber  culture  casesC*), 

Where  th.e  excess  above  160  acres  is  less  than  the  deficiency  would  be  should  a  subdivision 
be  excluded  from  the  entry,  the  excess  may  be  included,  but  when  the  excess  is  gi-eater  it  is 
excluded  (°). 

Section  2290  Revised  Statutes  does  not  refer  to  a  technical  half-quarter  section  when  it  pro- 
vides for  a  fee  of  $5  for  a  homestead  entry  of  "  not  more  than  80  acres;  "  the  fee  is  $io  where 
a  half-quarter  section  contains  82.09  acres(*). 

Parties  who  yield  to  the  unlawful  and  unauthorized  demands  of  the  Receiver  for  money,  do 
so  at  their  peril,  and  the  government  will  not  make  good  their  losses.  A  public  officer  can 
bind  the  government  only  so  far  as  the  law  provides.  All  parties  are  presumed  to  know  the 
law,  and  the  scope  of  a  public  officer's  agency (*>). 

A  homestead  application,  erroneous  in  form,  afterwards  corrected,  should  take  effect  from 
tlie  date  when  first  received  at  the  local  land  office('). 

Where  there  is  more  than  one  court  of  original  jurisdiction  in  a  county,  the  clerk  of  each 
court  is  authorized  to  take  preliminary  homestead  affidavits  under  Section  2294  R.  S(8). 

The  homestead  entry  of  a  tract  not  legally  subject  thereto  is  void,  and  must  be  regarded 
as  never  made.     The  party  may  thereafter  apply  to  make  a  legal  entry C*). 

In  view  of  the  altitude  and  lack  of  moisture,  the  land  in  this  homestead  entry  will  not  pro- 
duce crops.     A  relinquishment  and  second  entry  are  permitted  ('). 

A  second  homestead  entry  will  not  be  refused  on  account  of  carelessness  in  selecting  land 
upoii  which  a  prior  settler  is  actually  residing(J). 

Land  overflowed  during  the  late  winter  and  early  spring  months,  but  tillable  after  the  first 
day  of  June,  is  not  "swamp  and  overflowed  land"  Muthin  the  meaning  of  the  lawC'). 

Filings  and  entries  cannot  date  back  of  day  when  reserved  land  is  ordered  restored  to  the 
public  domain.  But  no  mere  de  facto  reservation  or  appropriation  can  affect  the  rights  of  qual- 
ified claimants. 

A  presumptive  reservation  may  be  overcome.  Erroneous  mrakings  on  plats  and  field-notes 
do  not  constitute  reservations,  and  such  markings  are  not  conclusive  evidence  of  the  character 
of  land(»). 

A  mineral  application  cannot  be  received  for  land  covered  by  a  homestead  entry,  until  tlie 

{'■•)  Peder  O.  Aanrud,  Land  Owner,  Vol.  7,  p.  103.  (*•)  Rue  vs.  Hicks,  Land  OiuneryVol.  10,  p.  168. 

i}')  A.  R.  Greene,  Land  Oivncr,  Vol.  10,  p.  226.  (')  Silas  Halsey,  Land  Oxvner,  Vol.  10,  p.  273. 

(<^)  H.  P.  Sayles,  Land  Ozuncr,  Vol.  lo,  p.  210.  (J)  Frank  Neisinger,  Land  Owner,  Vol.  10,  p.  323. 

(!'')  Reuben  Decker,  Land  Oivner,  Vol.  6,  p.  193.  i^)  State  of  Oregon  vs   Goodlow,  Land  Owner,  Vol 
!i;o;  H.  O.  Plodges,  Land  Owner,  Vol.  7,  p.  150.  10,  p.  176. 

\^)  Banks  vs.  Smich,  Land  Owner,  Vol.  10,  p.  2^6.  (')  Cole  vs.  Markley,  Land  Owner,  Vol.  10,  p.  238. 
(a)  Ashley  D.  Sie;; :l..,n.son,  Land  Owner,  Vui.    11,  p 


THE  AMERICAN  SETTLER'S  GUIDE.  57 

agricultural  character  of  the  land  is  disproved  at  a  hearing.  A  homestead  entry  is  a  reserva- 
tion of  the  land  embraced  thereby(*). 

Land  within  a  homestead  entry  cannot  be  embraced  in  a  military  reservation('»). 

Where  lands  have  been  surveyed,  and  there  is  no  withdrawal  for  military  purposes,  a  tem- 
porary occupation  of  the  land  as  a  military  encampment  does  not  subject  the  same  to  the  exclu- 
ave  control  of  the  Secretary  of  War.     It  is  still  subject  to  occupation  as  public  lands(<'). 

If  a  homestead  claimant  who  has  sold  a  church  site  fails  to  perfect  his  claim  his  warranty 
deed  is  worthless  against  the  govemment(<^). 

Where  double  minimum  land  has  been  selected  and  certified  to  a  state  under  the  Internal 
Improvement  Grant  settlement  tliereon  cannot  be  permitted,  notwithstanding  such  certification 
ic  alleged  to  have  been  erroneous(*). 

A  mortgage  is  not  void  under  the  homestead  actO 

The  rights  of  homestead  claimants  within  the  incorporated  limits  of  a  city  or  town-site  may 
,  e  protected  by  the  act  of  March  3,  1877(8). 

Homestead  claimants  on  timber  lands  are  liable  to  prosecution  for  removing  and  selling 
timber  before  final  proof  is  madeC*). 

Where  the  facts  show  good  faith  in  the  settlement  and  cultivation  of  the  land  by  the  home- 
steader, the  cutting  and  selling  of  the  timber  on  his  land  need  not  be  reported  by  special 
agents('). 

Land  that  comers  on  another  tract  does  not  "adjoin"  it(J). 

Residence  and  Cultivation. 

The  period  of  continuous  residence  and  cultivation  begins  to  run  at  the  date  of  actual  settle- 
ment, in  case  the  entry  at  the  district  land  office  is  made  within  the  prescribed  period  (thi-ee 
months)  thereafterC'). 

An  actual,  personal,  continuous  residence  is  not  necessary  in  a  homestead  entry(i). 

A  party  who  temporarily  leaves  his  homestead  to  care  for  other  property  does  not  abandoi 
his  residence  thereonC"). 

The  fact  that  a  homesteader  sometimes  camped  and  slept  and  ate  upon  the  land,  cannot  be 
regarded  as  residence("). 

Where  a  party  made  reasonable  attempt  to  commence  residence,  but  was  prevented  by 
tliteats,  the  failure  to  effect  residence  should  not  cancel  his  homestead  entry(°). 

Residence  cannot  be  claimed  on  a  tract  during  the  time  it  was  covered  by  another  home- 
stead entry(P). 

Enclosing  a  homestead  entry  with  a  pre-emption  entry  and  residing  on  the  pre-emption  en- 
try is  not  a  compUance  with  the  homestead  law(*i). 

Residence  on  an  adjoining  tract,  and  cultivation  of  the  land  embraced  in  the  homestead 
entry,  is  not  a  compliance  with  the  law^). 

Residence  on  a  homestead  must  be  in  person  and  cannot  be  by  proxy,  even  by  a  member 
of  the  entrj'man's  family (»). 

Residence  is  largely  a  question  of  intent(*). 

Intentions  are  not  the  equivalent  of  actual  residence  and  improvement('*). 

(«)  Hooper  vs.  Ferguson,  Land  Ovmer,  Vol.  10,  p.  (™)  Owings  vs.  Lichtenberger,  Land  Owner,  Vol.  9, 

169.  p.  197. 

(b)  R.  T.  Lincoln,  Land  Owner,  Vol.  8,  p.  72.  («>)  Barbeau  vs.  S.  P.  R.^.  Co.,  Land  Owtier,  Vol. 
(e)  Instructions,  Land  Owner,  Vol.  8,  p.  73.  9,  p.  81. 

(*)  W.  A.  Fitzgerald,  Land  Owner,  Vol.  9,  p.  94.  (•)  Andrews  vs.  Forest,  Land  Owner,  Vol.  9,  p.  131. 

(•)  J.  M.  Deweese,  Land  Owner.  Vol.  10,  p.  359.  (P)  John  Johnson,  Land  Owner,  Vol.  9,  p.  132. 

<f)  Deweese  »j.  Wilson,  JLand  O-.uner,  Vol.  10,  p.  286,  (q)  Barbeau  vs.  S.  P.  R.  R.  Co.,  Land  Owner,  VoL 
(s)  C.  M.  Bird,  Land  Otutier.  Vol.  lo,  p.  106.  9,  p.  81. 

C»)  Miles  Borden,  Land  Owner,  Vol.  8,  p.  92.  (r)  Guyton  vs.  Prince,  Land  Owner,  Vol.  lo,  p.  70. 

(*)  W.  N.  B.  Alderson,  Land  Oxvner,  Vol.  10,  p.  295.  (•)  Barbee  vs.  Gilmore,  Latid  Owner,  VoL  lo,  p.  90. 

(0  E.  N.  Watson,  Land  Owner,  Vol.  10,  p.  127.  (*)  Thomas  vs.  Thomas,  Land  0^vner,Yo\.  10,  p.  19 

{^V  General  Circular  of  March  1,  1884,  p.  13.  («)  Garland  vs.  Flanagan,  Land  Owner,  Vol.  lo,  p.  40, 
{})  Edwards  vs.  Sexton,  I^^ftd  Owner,  Vol.  9,  p.  72 


58  THE  AMERICAN  SETTLER'S  GUIDE. 

Where  failure  to  comply  wdth  the  homestead  law  results  from  causes  beyond  the  reasonable 
control  of  the  claimant,  his  entry  should  not  on  that  account  be  canceled(*). 

Where  a  claimant  temporarily  leaves  his  land  for  the  purpose  of  earning  an  honest  liveli- 
hood, coupled  with  a  bona  fide  intention  of  complying  with  the  law,  such  absence  is  accounted 
a  constructive  residence  and  compliance  with  legal  requirementsC*). 

Parties  living  and  doing  business  in  cities  and  towns  cannot  secure  titles  to  public  lands  by 
occasional  visits  to  their  claims.  The  visits  in  this  case  aggregate  little  more  than  one  month 
of  actual  residence  in  seven  months  from  date  of  homestead  entry — the  entry  having  been 
made  in  October  and  the  proving  up  in  May  following,  with  settlement  a  short  time  prior 
to  entry («). 

A  homestead  entryman,  who  cultivates  and  improves  the  land  embraced  in  his  entry,  but 
who  never  resided  thereon,  is  not  excused  because  elected  to  a  public  office  which  requires  his 
residence  elsewhere ('^). 

An  actual  residence  and  settlement  must  first  be  established,  before  an  official  compelled  to 
live  at  a  distance  from  the  land  embraced  in  his  homestead  entry  can  be  allowed  to  make 
final  proof(*). 

A  county  surveyor  is  not  excused  from  continuous  residence  on  his  homestead  claim ('). 

The  rule  that  homestead  or  pre-emption  settlers,  who  are  appointed  or  elected  to  office, 
are  exempt,  in  certain  cases,  from  continuing  residence  on  the  land,  does  not  apply  to  their 
deputies(8). 

The  testimony  shows  that  defendant  failed  in  cultivation  of  the  land  and  his  residence 
thereon  is  too  meagre  to  indicate  good  faith.  No  satisfactory  excuse  is  pleaded  for  failure  to 
comply  with  the  homestead  law.  Exceptions  stated  where  claimants  are  not  obliged  to  reside 
upon  their  homesteads(*^). 

Poverty  excuses  non-continuous  residence.  Drought  excuses  non-cultivation,  provided  good 
aith  is  manifested  by  the  homestead  claimant(*). 

Stock  raising  and  dairy  production  are  so  akin  to  agricultural  pursuits,  that  in  grazing  coun- 
tries proof  of  settlement  and  use  of  the  land  for  such  purposes  is  satisfactory  compliance  with 
the  homestead  law(J). 

In  case  of  a  deceased  claimant  who  had  not  resided  upon  or  cultivated  the  land  embraced 
in  his  entry,  the  heir  or  devisee,  though  not  required  to  reside  upon,  must  cultivate  and  im- 
prove the  tract,  or  the  entry  may  be  contested  for  abandonment(^). 

A  new  homestead  entry  will  be  allowed  where  the  important  condition  of  cultivation  cannot 
be  complied  with(^). 

Amendment. 

An  amendment  cannot  exclude  intervening  rights("»). 

Homestead  entry  may  be  amended  to  embrace  a  contiguous  lot  not  included  through  erroi 
of  local  officers(°). 

Where  a  party  homesteads  one  tract  of  land  and  settles  on  another  tract,  but  does  not  apply 
to  amend  the  entry  until  after  a  valid  adverse  right  has  intervened  he  loses  his  improvements ("). 

Final  Proof  and  Commutation. 
Notice  of  intention  to  submit  final  proof  must  be  published  once  a  week  for  six  weeks(P). 

(»)  John  R.  McMinn,  iMnd  Owner,  Vol.  ii,  p.  37.  («)  Clark  vs.  Lawson,  Land  Owner,  Vol.  10,  p.  227. 

(*>)  Sandall  vs.  Davenport,  Land  Owner,  Vol.  11,  p.  (J)  T.  W.  Luning,  Land  Owner,  Vol.  7,  p.  135. 

71.  (k)  Stewart  vs.  Jacobs,  Land  Owner,  \  ol.  7,  p.  135. 

if)  Campbell  vs.  Moore,  Land  Owner,  Yo\.  u,  p.  72.  (i)  L.  P.  Skarstad,  Land  Owner,  Vol.  9,  p.  58, 

(d)  George  W.  Sheppard,  Land  Owner,  Vol.  10,  p.  36.  (")  Richard  Griffiths,  Land  Owner,  Vol.  10,  p.  366. 

(e)  Harris  vs.  Radcliffe,  Land  Owner,  Vol.  10,  p.  209.  (")  Thomas  Hammill,  Land  Owner,  Vol.  10,  p.  208. 
(0  W.  T.  Huey,  La?id  Owner,  Vol.  11,  p.  37.  (0)  Sederquist  vs.  Ayers,  Land  Owner,  Vol.  10,  p. 
(e)  W.  E.  Whiting,  Land  Owner,  Vol.  11,  p.  37.  227. 

(*)  Jacklin  vs.  Samuelson,  Land  Owner,  Vol.  10,  p.     (p)  M.  E.  Parker,  Land  Owner,  Vol.  10,  p.  103. 

3TX 


THE  AMERICAN  SETTLER'S  GUIDE  5» 

Tlie  published  notice  invites  all  parties  to  show  cause,  if  any,  why  an  entry  should  not  be 
allowed,  and  any  testimony  showing  a  better  right  in  another  should  be  considered (*). 

Final  proof  taken  before  the  judge  or  clerk  of  court,  must  be  made  where  the  court  is  held 
and  the  seal  kept(^). 

Final  proof  in  a  homestead  and  pre-emption  entry  may  be  made  before  a  county  clerk  at  his 
office,  notwithstanding  no  court  may  be  held  in  his  county (•). 

The  county  judge  or  clerk  of  court  must  transmit  to  the  Register  and  Receiver  the  home- 
stead proof  and  pre-emption  affidavit  taken  before  said  judge  or  clerk(^). 

The  final  proof  should  be  completed  within  seven  years  from  date  of  entry (•). 

Upon  a  protest  against  final  proof,  any  testimony  showing  a  better  right  in  the  adverse  claim- 
ant  is  competent  whether  based  upon  the  allegations  contained  in  the  protest  or  not(*). 

Occupation  of  a  number  of  buildings,  as  a  town  or  place  of  business,  on  a  tract  of  land  at 
date  thereof,  is  no  bar  to  final  entry,  should  such  occupation  be  temporary  and  cease  before 
offering  of  final  proof(«). 

Final  proof  may  be  made  where  a  county  is  in  two  land  districts  at  the  county  seat,  though 
it  may  be  in  another  land  district. 

Only  disinterested  persons  living  in  the  vicinity  and  cognizant  of  the  facts  sworn  to  are  com- 
petent witnesses  in  making  final  homestead  and  pre-emption  proof(^). 

In  pre-emption  and  commuted  homestead  cases,  the  testimony  of  witnesses,  in  offering  final 
proof,  may  be  taken  before  any  officer  authorized  to  administer  oaths  ;  but  under  section  2292 
and  act  of  March  3,  1877,  the  testimony  of  witnesses  must  be  taken  before  the  officer  before 
whom  the  claimant  appears(*). 

An  absolute  conveyance  by  the  claimant  of  a  small  portion  of  an  acre  belonging  to  the 
homestead  tract,  does  not  disqualify  him  from  making  final  entry,  as  notice  of  such  a  small 
matter  need  not  be  taken  cognizance  of  in  the  administration  of  the  law. 

An  agreement  to  convey  land,  entered  into  by  a  party  prior  to  final  proof,  is  not  considered 
as  evidencing  bad  faith  in  making  the  entry,  should  he  obtain  a  release  from  the  contract ;  such 
a  contract,  in  any  case,  is  no  bar  to  making  the  final  affidavit,  inasmuch  as  it  does  not  constitute 
the  alienation  which  the  law  prohibits(J). 

A  verbal  agreement  to  sell  land,  is  not  binding  under  the  statute  of  frauds,  and  will  not  in- 
validate the  rights  of  a  homesteader. 

Where  a  claimant  has  made  final  proof  and  paid  or  tendered  the  fees  and  commissions,  he 
is  entitled  to  a  final  certificate,  and  has  a  right  to  make  an  agreement  to  sell  the  land(*). 

Where  final  proof  of  a  homestead  claimant  is  satisfactory  except  that  he  has  made  a  quit- 
claim deed  for  the  land  in  question,  he  should  be  allowed  an  opportunity  to  prove  his  allega- 
tions that  such  deed  was  made  under  duress(^). 

Five  rules  are  laid  down,  which  recognize  a  deserted  wife  or  child  as  the  absent  husband's 
agent: 

1.  Where  the  entiyman  has  established  a  residence  and  placed  his  wife  upon  the  land,  no 
one  but  his  wife  shall  be  heard  to  allege  the  desertion,  in  proof  of  his  change  of  residence  or 
abandonment,  during  the  period  of  seven  years  from  date  of  the  entry,  provided  that  she 
maintains  a  residence  on  the  land. 

2.  Within  seven  years  from  date  of  the  entry,  if  the  wife,  maintaining  her  residence  on  the 
land,  shall  allege  and  prove  her  husband's  desertion  of  her,  said  entry  shall  be  canceled,  and 
she  shall  be  permitted  to  enter  the  land  in  her  own  name,  provided  that  she  is  the  head  of  a 
family,  or  that  she  has  the  legal  rignt  to  acquire  real  property  as  a  feme  sole. 

(•)  Spencer  vs.  Carleton,  Land  Owner,  Vol.  11,  p.  98.  (t)  W.  W.  Burke,  Land  Owner,  Vol.  10,  p.  55. 

0*)  H.  N.  Copp   Land  Owmr,  Vol.  10,  p.  256.  (')  Fred  Hodgt,  Land  Owner,  Vol.  11,  p.  98. 

(«)  M.  A.  Butterfield,  Land  Oivner,  Vol.  10,  p.  310.  (J)  Matthiessen  and  Ward  z/j.  Williams,  Za«</ (9Tf»»^r, 

(*)  Instructions,  Land  Owner,  Vol.  8,  p.  35.  Vol.  10,  p.  356. 

(•)  Christy  vs.  Siegei,  Land  Owner,  Vol.  9,  p.  149.  (*)  James  vs.  Schofield,  Land  Owner,  Vol.  lo,  p.  324. 

O  Spencer  vs.  Carleton,  Land  Owner,  Vol.  11,  p.  98.  0  Lorenzo  Van  Gieson,  Land  Owner,  Vol.  10,  p.  358. 
(8)  Matthiessen  vs.  Williams   Land  Owner,  Vol.  10, 
P-  356. 


60  THE  AMERICAN  SETTLER'S  GUIDE. 

3.  At  the  date  that  final  proof  of  the  husband's  entry  is  required  by  the  laws  and  regula- 
tions, if  the  deserted  wife  has  not  made  entry,  as  above  provided,  she  shall  be  permitted  to 
make  final  proof  as  her  husband's  agent,  and  in  his  name  (except  that  her  affidavit  of  non- 
alienation  shall  cover  her  own  and  his  acts,)  and  his  entry  shall  be  regarded  as  suspended, 
and  shall  be  referi-ed  for  confirmation  to  the  Board  of  Equitable  Adjudication. 

4.  A  deserted  wife  may,  as  her  husband's  agent,  commute  his  entry  or  purchase  it  under  the 
act  of  June  15,  1880;  and  the  entry  shall  be  regarded  as  suspended,  and  shall  be  refen-ed  for 
confirmation  to  the  Board  of  Equitable  Adjudication. 

5.  Where  the  entryman's  wife  is  deceased,  the  foregoing  rules  shall  apply  to  his  child,  who 
is  not  twenty-one  years  of  age  at  date  of  the  offer  to  purchase,  commute,  or  make  final  proof 
as  an  agent,  or  at  date  of  the  offer  to  enter ;  provided  that  in  the  latter  case  the  child  shall  be 
the  head  of  a  family(*). 

In  the  absence  of  positive  proof,  no  presumption  of  the  death  of  a  party  can  be  indulged 
until  after  the  expiration  of  seven  yearsC*). 

The  granting  of  letters  of  administration  is  sufficient  proof  of  death(*'). 

Proof  of  cultivation  must  be  shown  after  death  of  claimant  to  date  of  final  proof(^). 

Section  2291  does  not  provide  for  the  issue  of  patent  even  to  heirs  or  devisees,  unless  they 
are  citizens  of  the  United  States.  In  case  of  unknown  heirs  there  can  be  no  certainty  on  this 
point.  It  rhay  happen,  under  an  allegation  that  the  residence  of  the  heirs  is  unknown,  that 
there  may  be,  in  fact,  no  heirs,  and  consequently  no  representative  of  the  homestead  settler. 
Therefore,  leaving  out  of  consideration  the  question  of  the  power  of  an  administrator  to  make 
the  required  proof  in  homestead  cases,  which  is  not  by  any  means  clear  under  the  law,  it 
must  be  apparent  that  a  patent  to  "  the  heirs,"  without  proof  of  their  identity  and  qualifica- 
tions, was  not  contemplated ;  otherwise  the  requirement  of  citizenship  would  not  have  been 
inserted  («). 

Final  proof  by  the  minor  child  of  a  deceased  entryman  who  was  unnaturalized  at  date  of 
death,  must  show  that  the  naturalization  oaths  prescribed  by  law  were  ad  ministered (^). 

Where  a  guardian  makes  a  homestead  entry  for  the  minor  orphan  child  of  a  deceased  sol- 
dier, and  said  child  becomes  of  age  prior  to  time  of  making  final  proof,  the  final  affidavit  must 
be  made  by  the  beneficiaiy(8) 

The  administrator  may  make  entry  and  final  proof  for  the  benefit  of  the  infant  children, 
where  homestead  claimant  dies  before  completing  proceedings  for  making  entry^*). 

The  devisee  of  a  homestead  claimant  has  the  same  right  as  his  heirs,  in  case  there  are  no 
heirs  (i). 

A  homestead  claimant  cannot  by  will  defeat  the  law  which  provides  who  shall  take  the 
Homestead  in  case  of  his  death  (J). 

Where  a  homestead  claimant  applies  to  make  cash  purchase  of  the  land  embraced  in  his 
entry,  he  must  show  cultivation  of  the  land  as  well  as  residence  thereon(''). 

Abandonment  and  Contest. 

In  homestead  cases  six  months  and  one  day  must  elapse  before  contest  can  be  initiated(^). 

Where  a  party  makes  an  entry  in  fraud  of  the  homestead  laws,  a  contest  may  be  ordered  at 
any  time  to  defeat  such  fraud  and  protect  the  interests  of  the  government(™). 

If  the  homestead  party  fails  to  make  proof  after  seven  years,  the  would-be  contestant  has  a 
preference  right  of  entry  if  the  sole  occupant  of  the  land("). 

(»)  Bray  vs.  Colby,  Lafid  Oiviier,  Vol.  lo,  p.  360.  (»>)  Fred  Muske,  LMnd  Oioficr,  Vol.  10,  p.  35. 

(b)  Dodd  vs.  Gamble,  Land  Oivner,  Vol.  10,  p.  359.  (')  H.  C.  Dodge,  LandOtvner,  Vol.  8,  p.  193. 

(•)  Adclph  Scidensticker,  Lafid  07uner,'Vo\.  8,  p.  55.  (J)  Sarah  Leonard,  Land  Owner,  Vol.  9,  p.  6. 

(«i)  John  J.  Jones,  Land  Owner,  Vol.  9,  p.  73.  ('')  Lorenzo  A.  Paddcck,  Land  Ozuner,  Vol.  10,  p.  91 

(•)  Suspended  Entries,  Land  Oivner,  Vol.  7,  p.  91.  (')  Baxter  vs.  Cross,  Land  Owner,  Vol.  11,  p.  103. 

O  A.  B.  Hays,  Land  Owner,  Vol.  10,  p.  192.  (•»)  Condon  vs.  Arnold,  Land  Owner,  Vol.  10,  p.  269. 

(«f)  J.  F.  Foisjui,  Land  O-iuncr,  Vol.  10,  p.  394.  (o)  Jackson  c/j.  y^cV.-i(j\\,  Land  Owner,  ^oX.  9,  p.  230. 


THE  AMERICAN  SETTLER'S  GUIDE.  61 

A  contest  by  a  divorced  wife  against  her  absent  husband's  homestead  entry  should  be  treated 
as  between  parties  who  were  never  married  (*). 

Offering  to  sell  a  relinquishment  is  not  sufficient  ground  on  which  to  order  a  hearing('') 

An  attempted  sale  of  land  embraced  in  a  homestead  entry,  is  not  sufficient  ground  for  can- 
cellation, but  raises  a  presumption  of  bad  faith('=). 

A  contract  to  sell  part  of  a  homestead  is  void,  and  will  not  affect  the  legal  status  of  the 
claimant.     Only  an  absolute  conveyance  will  defeat  his  right(<^). 

Where  a  party  believes  that  as  a  settler  he  has  a  better  right  to  the  tract  than  the  entryman, 
he  should  initiate  contest  by  filing  his  application  to  enter  within  the  period  prescribed  by 
law(«). 

In  initiating  a  contest  against  a  homestead  entry,  the  contestant  need  not  make  application 
^o  enter(^. 

A  pre-enrptor  cannot  cite  a  homstead  claimant  to  a  hearing  until  date  of  offering  final 
proof(8). 

A  party  having  made  a  homestead  entry  failed  to  cultivate  the  land,  and  sold  his  tract  to  a 
woman,  who,  on  the  plea  of  being  an  innocent  purchaser  for  valuable  consideration,  applied 
to  have  a  patient  issued  to  her  for  said  entry ;  Heldj  that  the  applicant  cannot  be  considered 
an  innocent  purchaser  without  notice;  that  the  homestead  right  is  made  dependent  upon  the 
performance  of  certain  conditions,  and  purchasers  are  bound  to  know  the  law,  and  examine 
the  titles  they  buyC'). 

Purchasers  of  a  homestead  before  patent  have  no  standing  in  a  contest ('). 

Where  one  contest  against  a  homestead  entry  is  pending,  a  second  application  to  contest 
will  be  rejected  (J). 

In  contest  against  a  homestead  entry  the  character  of  a  witness  may  be  impeached,  and  a 
continuance  had  for  purf>ose  of  seeming  evidence  in  rebuttal(*). 

No  improvement  and  settlement  made  by  contestee,  after  initiation  of  a  contest  against  his 
entry,  shall  accrue  to  his  benefit,  or  act  to  defeat  the  vested  rights  of  a  contestant  and  appli- 
cant(i). 

In  a  case  a  hearing  ordered  in  the  usual  manner  will  not  develop  the  truth  where  perjury 
of  witnesses  in  making  final  homestead  proof  has  been  alleged,  the  local  officers  may  make 
personal  inquiry (■»). 

« 
Relinquishment. 

Relmquishment  obtained  while  the  homestead  party  was  wholly  or  partially  under  the  in- 
fluence of  intoxicating  liquors  is  void('»). 

A  relinquishment  obtained  while  the  claimant  was  in  a  drunken  stupor,  and  objected  to 
afterwards,  cannot  be  considered  a  voluntary  act(«). 

A  relinquishment  to  have  full  force  and  effect  must  have  been  knowingly  and  voluntarily 
made(P). 

It  does  not  appear  that  the  widow  or  heirs,  if  any,  authorized  the  administrator  to  relin- 
quish their  rights(*i). 

A  widow  or  administrator  can  alone  relinquish  when  the  sole  heir  of  the  deceased('). 

(•)  Thomas  vs.  Thomas,  Land  Qatner,  Vol.  lo,  p.  19.  (k)  Packard  vt.  Jackson,  Land  Owner,  Vol.  9,  p. 

0>)  BaJley  vs.  Olson,  Land  Oitmer,  Vol.  10,  p.  290.  187. 

(•)  Guyton  vs.  Prince,  Land  Oivner,  Vol.  10,  p.  70.  (l)  Instructions,  Land  Owner,  Vol.  7,  p.  39. 

(<*)  Aldrich  vs.  Anderson,  Land  Oitmer,  Vol.  10,  p.  (»)  J.  C,  Trcmper,  Land  Otimtr,  Vol.  6,  p.  153. 

358.  (»)  Desarchy  vs.  Juarei,  Land  Ovmer,  Vol.  10,  p. 
(•)  Bishop  w.  Porter,  Land  Oivner,  Vol.  10,  p.  271.  91. 

O  Bailey  vs.  Olson,  Land  Oitmer,  Vol.  10,  p.  290.  (•)  Duncan  vs.  Campbell,  Land  Oitmer,  Vol.  10,  p. 
(«)  Desarchy  vs  Juarez,  Land  Oivner,  Vol.  10,  p.  91,  349. 

0")  Margaret  Kissack,  Land  Oivner,  Vol.  6,  p.  189.  (P)  Ficker  vs.  Murphy,  Land  Oivner,  Vol.  10,  p.  377. 

(*)  Instructions,  Lattd  Oitmer,  Vol.  9,  p.  210.  (q)  Sally  Hickok,  Land  Ovmer,  Vol.  9,  p.  173. 

(J)  G.  E.  Van  Ostraud,  Land  Ozvner,  Vol.  9,  p.  7.  (')  George  Taylor,  Land  Owner,  Vol.  9,  p.  37. 


r,3  THE  AMERICAN  SETTLER'S  GUIDE. 

The  relinquishment  of  an  entry  will  not  be  recognized  except  on  proof  of  proper  authority 
ihereforf*). 

A  homestead  claimant  may  relinquish  part  of  his  entry  without  assigning  any  reason  for 
such  action,  and  may  commute  part  of  his  claim  before  or  after  cancellation  of  the  remaining 
portion  C*). 

In  case  a  homestead' entry  embracing  an  area  in  excess  of  1 60  acres  (the  party  paying  for 
such  excess)  is  canceled  for  relinquishment,  the  party  to  the  entry  has  no  claim  to  the  excess 
in  area  over  160  acres(''). 

The  purchaser  of  the  relinquishment  of  public  land  entry  gains  no  rights  against  the  United 
States  from  the  mere  fact  of  such  purchase,  and  the  question  of  duplicate  sales  or  of  the  pay- 
ment or  non-payment  of  the  purchase  money,  has  no  legal  bearing  in  the  determination  of  a 
case(*). 

Where  a  party  made  a  homestead  entry,  believing  residence  on  the  land  was  not  required, 
and  voluntarily  relinquished  his  entry,  his  application  for  return  of  the  fees  and  commissions 
cannot  be  granted (®), 

The  moment  a  relinquishment  is  filed,  the  land  covered  by  the  entry  thus  abandoned  re- 
verts to  the  Government,  and  is  open  to  settlement  and  entry.  "When  the  relinquishment  is 
presented,  the  entry  should  be  immediately  canceled  without  reference  to  what  party  may  ac- 
quire a  preference  right  of  entry  by  such  cancellation C). 

In  the  event  of  a  legal  contest,  pending  when  the  relinquishment  is  filed,  the  preference 
right  of  entry  enures  to  the  contestant('). 

A  relinquishment  does  not  open  land  to  pre-empti6n  entry  until  filed ;  if  then  a  legal  contest 
and  application  to  enter  are  pending,  the  contestant  on  the  successful  termination  of  the  contest 
has  a  preference  right  of  entry (k). 

A  preference  right  of  entry  is  not  assignable,  and  cannot  be  transferred  by  a  father  to  his 
daughter  C'). 

Pre-emption  Homesteads. 

The  right  to  transmute  a  pre-emption  filing  to  a  homestead,  depends  upon  the  validity  of 
the  pre-emption  claim.  (') 

Pre-emption  filing,  where  party  has  resided  on  tract  five  years,  may  be  transmuted  to  a 
homestead  entry,  and  notice  to  prove  up  may  be  given  on  same  day,  if  there  has  been  five 
years  of  residence  since  settlement.  (J) 

Pre-emptors  who  would  transmute  to  homesteads,  must  give  notice  to  subsequent  home- 
stead claimants  on  the  same  land  who  may  contest  the  transmutation.  (") 

Soldiers'  Homesteads. 

These  forms  have  been  prescribed  by  recent  regulations  in  view  of  attempted  frauds  on  sol- 
diers. 

SOLDIER'S  DECLARATORY  STATEMENT. 

No. . 

I, ,  of County  and  State  or  Territory  of ,  do  sole mly  swear  that  I  served  for  a  period 

of in  the  Arniy  of  the  United  States  during  the  war  of  the  rebellion,  and  was  honorably  discharged  there- 
from, as  shown  by  a  statement  of  such  service  herewith,  and  that  I  have  remained  loyal  to  the  Government^; 
that  I  have  never  made  homestead  entry  or  filed  a  declaratory  statement  under  sections  2290  and  2304  of  the 

Revised  Statutes ;  that  I  have  located  as  a  homestead  under  said  statute  the ,  and  hereby  give  notice  of 

ray  intention  to  claim  and  enter  said  tract;  that  this  location  is  made  for  my  exclusive  use  and  benefit,  for  the 
purpose  of  my  actual  settlement  and  cultivation,  and  not  either  directly  or  indirectly  for  the  use  or  benefit  of 
any  other  person 


y  present  post-ofi5ce  address  is 


Sworn  and  subscribed  before  me  this day  of ,  18 — . 

[Seal.] 


(•)  Childs  vs.  Cornelius,  Land  Owner,  Vol.  10,  p.  (g)  A.  J.  Doremus,  Land  Oivner,  Vol.  10,  p.  391. 

366.  (h)  Henton  vs.  Howard,  Land  Owner,  Vol.  9. 
0")  J.  L.  Gray,  Land  Owner,  Vol.  6,  p.  153.  170. 

(0)  S.  A.  Baker,  Landowner,  Vol.  10,  p.  360.  (')  Slate  vs.  Dorr,  Land  Owner,  Vol.  to,  p.  313. 

(*)  Andrew  Korbe,  Land  Owner,  Vol.  10,  p.  124.  (J)  F.  D.  Packard,  Land  Owner,  Vol.  8,  p.  91. 

(*)  John  Garland,  Land  Owner,  Vo\.  9,  p,  168.  (k)  Wolf  z/j.  Struble,  Land  Owner,  Vol.  9   p.  148. 
<*)  Whitford  vs.  iCehton,  Land  Owner,  Vol.  10,  p. 

374. 


THE  AMERICAN  SETTLER'S  GUIDE.  63 

SOLDIER'S  DECLARATORY  STATEMENT  (FILED  BY  AN  AGENT). 
Ko. . 

I, ,  ot County  and  State  or  Territory  of ,  do  solemly  swear  that  I  served  for  a  period 

-»f in  the  Army  of  the  United  States  during  the  war  of  the  rebellion,  and  was  honorably  discharged  there- 

%t>m,  as  shown  by  a  «(latement  of  such  service  herewith,  and  that  I  have  remained  loyal  to  the  Government ; 
that  I  have  never  made  homestead  entry  or  filed  a  declaratory  statement  under  sections  2290,  2304,  or  2309  of 

the  Revised  Statutes  ;  that  I  have  appointed,  by  power  of  attorney  duly  executed  oh  the  day  of 

(or  I  do  hereby  appoint), ,  of county  and  State  of ,  my  true  and  lawful  agent,  under 

section  2309  aforesaid,  to  select  for  me  and  in  my  name,  and  file  ray  declaratory  statement  for  a  homestead  right 
under  the  aiforesaid  sections  ;  and  I  hereby  give  notice  of  my  intention  to  claim  and  enter  said  tract  under  said 
■.tatute  ;  that  the  location  herein  authorized  is  made  for  my  exclusive  use  and  benefit,  for  the  purpose  of  ray 
actual  settlement  and  cultivation,  and  not  either  directly  or  indirectly  for  the  use  and  benefit  of  any  other 
person ;  that  my  said  attorney  has  no  interest,  present  or  prospective,  in  the  premises,  and  that  I  have  made 
no  arrangement  or  agreement  with  him  or  any  other  person  for  any  sale  or  attempted  sale  or  relinquishment  of 
my  claim  in  any  manner  or  for  any  consideration  whatever,  and  that  I  have  not  signed  this  declaration  in  blank. 

Sworn  and  subscribed  before  me  this day  of ,  18 — ,  and  I  certify  that  the  foregoing  declaration 

was  fully  filled  out  before  being  subscribed  or  attested. 

[Official  seal.]  . 

By  virtue  of  the  foregoing,  and  of  a  certain  power  of  attorney  therein  named,  duly  executed  on  the  ■  day 

of ,  and  filed  herewith,  I  hereby  select  the as  the  homestead  claim  of ,  the  aforesaid, 

ind  do  solemnly  swear  that  the  same  is  filed  in  good  faith  for  the  purposes  therein  specified,  and  that  I  have 
no  interest  or  authority  in  the  matter,  present  or  prospective,  beyond  the  filing  of  the  same  as  the  true  and  law  . 

4il  agent  of  the  said ,  as  provided  by  section  2309  of  the  Revised  Statutes  of  the  United  States. 

,  Agent. 

Sworn  and  subscribed  before  me  this day  of ,  18 — . 

[Official  seal.]  .. 

The  filing  of  a  soldier's  declaratory  statement  is  a  personal  privilege,  and  should  not  be  con- 
strued to  his  injury.  A  soldier  who  made  and  abandoned  an  original  homestead  of  80  acres 
prior  to  June  1874,  may  make  an  additional  entry  of  80  acres  more(*). 

Application  to  file  pre-emption  and  homestead  declaratory  statement  at  the  same  time  will 
be  rejected(''). 

A  settler,  a  part  of  whose  claim  is  surveyed,  is  not  bound  to  file  his  declaratory  statement 
until  the  plat  of  the  other  township  is  first  filed  in  the  local  ofHce(°). 

A  pre-emptor  may  settle  on  land  covered  by  a  soldier's  filing  and  file  his  pre-emption  de- 
claratory statement.  After  the  homestead  party  has  made  entry,  the  pre-emptor  is  not  de- 
prived of  his  privilege  of  making  proof  and  payment  because  of  a  third  party's  contest  against 
the  said  homestead  entry (^). 

Where  good  cause  has  prevented  entry  and  an  adverse  right  has  been  admitted,  it  will  be 
held  proper  within  the  discretion  of  the  General  Land  Office  to  allow  the  soldier  to  make  an 
entry  upon  another  tract :  Provided,  That  it  shall  be  shown  to  the  full  satisfaction  of  the  Com- 
missioner that  the  default  was  practically  beyond  the  power  of  the  claimant  to  avoid(^). 

Where  a  soldier  who  failed  to  make  entry  finds  that  another  party  has  homesteaded  the 
land  embraced  in  his  declaratory  statement,  he  may  commence  contest  for  abandonment  if  the 
other  party  has  not  had  a  legal  residence  on  the  land(f), 

A  homestead  party  must  in  person  maJce  entry  and  commence  settlement  and  improvements, 
on  the  land  claimed  within  six  months  from  date  of  his  declaratory  statement(8). 

Six  months'  additional  time  after  entry  is  not  allowed  in  soldiers'  homestead  cases^i). 

Notwithstanding  a  soldier  did  not  live  to  serve  ninety  days,  his  widow  will  be  allowed-  to 
apply  the  term  of  his  enlistment  under  section  2307  R.  S.('). 

A  soldier  while  serving  in  the  Army  cannot  acquire  title  to  land  as  a  homestead  until  his 
term  of  service  expires(J). 

The  "  Home  Guards "  of  the  State  of  Missouri  are  not  entitled  to  make  additional  home- 
stead entries  under  section  2306  R.  S.^^). 

A  soldier  may  enter  less  land  than  he  is  entitled  to.     The  balance  is  waived (»). 

Where  a  soldier  was  taken  prisoner  and  paroled,  and  was  dischaiged  by  reason  of  such 

{»)  Hannah  vs.  Gerard,  Land  Owner,  Vol.  10,  p.  229.  (e)  W.  H.  Hyers,  Land  Owner,  Vol.  10,  p.  4. 

(b)  Helen  and  Kenyon,  Land  Owner,  Vol.  9,  p.  213.  (h)  Lloyd  H.  Dillon,  Land  Owner,  Vol.  10,  p.  70. 

{•)  Instructions,  Land  Owner,  Vol.  10,  p.  345.  (i)  Justus  E.  Casey,  Land  Owner,  VoI.'6,  p.  173.  ' 

(d)  John  W.  Deen,  Land  Owner,  Vol.  10,  p.  153.  (j)  Charies  Harris,  Land  Owner,  Vol.  6,  p.  190. 

(«)  General  Land  Office  Circular,  March  i,  1884,  p.  23.  (k)  Wilson  Miller,  Land  Oamer,  Vol.  6,  p.  190. 

(«)  J.  H.  Hosmer,  Land  Owner,  Vol.  10.  p.  92.  (i)  Columbns'j.  James,  Land  Owner,  Vol.  9  p    i6b 


64  THE  AMERICAN  SETTLER'S  GUIDE 

parole,  he  would  be  entitled,  in  computing  residence  on  his  homestead  entiy,  to  credit  for  his 
full  term  of  enlistment,  provided  always,  that  at  least  one  year's  residence  is  had  on  the  home- 
stead (»). 

The  entire  term  of  enlistment,  without  reference  to  when  the  war  of  the  rebellion  closed, 
Toverns  in  computing  the  time  in  a  soldier's  homestead  entry. 

After  a  soldier's  widow  makes  a  homestead  entry,  as  such,  she  may  marry  without  losing 
the  credit  of  her  first  husband's  term  of  enlistmentC*). 

A  mairied  woman  under  the  age  of  twenty  one  yeai-s,  who  is  the  child  of  a  deceased  person, 
qualified,  if  living,  to  make  "a  soldier's  homestead,"  is  a  minor  orphan  child,  within  the 
meaning  of  section  2307,  R.  S.^). 

The  same  forms  are  used  in  homestead  entries  made  for  minor  orphan  children  of  deceased 
soldiers  as  in  other  homestead  cases,  the  application  being  signed  by  the  guai-dian  for  the  bene- 
fit of  the  children,  who  must  be  named.  The  guardian  must  appear  at  the  local  land  office, 
and  make  the  required  affidavit,  unless  he,  or  some  one  of  the  minor  children,  are  actually  re- 
siding on  the  land  applied  for,  in  which  event  it  may  be  made  before  the  clerk  of  the  court 
for  the  county  in  wliich  the  land  is  situated.  In  case  the  minor  child  or  children  should  be- 
come of  age  before  final  proof  is  made,  they  are  not  required  to  establish  residence  on  the 
land.  None  but  the  widow  or  minor  orphan  children  can  derive  any  benefit  of  ?.  deceased 
soldier's  service  in  the  army  in  making  an  original  homestead  entry(*). 

The  patent  in  a  homestead  entry  made  by  a  guardian  for  the  benefit  of  the  mmor  orphan 
child  of  a  deceased  soldier,  must  issue  to  the  beneficiary  whether  he  or  she  is  of  age  at  date 
thereof  or  not(*). 

Where  a  guardian  makes  a  homestead  entry  for  the  minor  orphan  child  of  a  deceased  soldier, 
and  said  child  becomes  of  age  prior  to  time  of  making  final  proof,  the  final  affidavit  must  be 
made  by  the  beneficiary ('). 

A  certificate  of  right  to  make  a  soldier's  additional  homestead  entry  for  19.85  acres  may  be 
located  on  a  40-acre  tract,  by  paying  for  the  excess  in  cash.  In  locating  soldiers'  certificates 
the  general  rule  is  that  they  can  take  their  face  value  or  lots  containing  twice  as  much,  or  any 
quantity  less.     Thus  a  7^  acre  certificate  will  locate  15  acres  or  less  quantity(8). 

A  soldier's  additional  homestead  entry  cannot  be  made  upon  lands  on  which  are  located  the 
house  and  other  improvements  of  an  actual  settler  who  has  asserted  his  right  to  the  land  by  a 
pre-emption  filing  or  homestead  entry (^). 

Act  of  June  16,  1880  (p.  51.). 

A  contest  with  the  government  on  allegation  of  fraud  is  not  a  contest  with  adverse  claims, 
and  cannot  be  brought  within  the  act  of  June  16,  1880,  allowing  repayment  for  erroneous  en- 
tries(»). 

Repayment  will  be  allowed  under  act  of  June  16,  1880,  where  a  second  and  therefore  ill^;al 
homestead  entry  was  made  through  ignorance  of  the  law(i). 

Act  of  March  3,  1879.  (p.  27.) 

A  woman  having  married  is  not  disqualified  from  maKmg  a  homestead  entry  under  Act  of 
March  3,  1879,  who  would  otherwise  be  qualified^). 

The  Act  of  March  3,  1879,  includes  widows  and  all  who  succeed  to  the  right  of  the  claim- 
antO). 

A  party  whose  original  entry  has  been  canceled,  has  no  rights  under  the  law  of  March  3, 
I879C°)-       

(»)  O.  H.  Quimby,  Land  Owner,  Vol.  10,  p.  394.  (h)  Brooks  vs.  Tobien,  Land  Ovmer,  Vol.  10,  p.  5 

(*)  Elizabeth  Porter,  Land  Owuer,  Vol.  10,  p.  344.  (»)  Thomas  Guineau,  L^nd  Oivner,  Vol.  9,  p.  153. 

(•)  Maria  J.  Stuart,  Land  Owner,  Vol.  7,  p.  148.  (J)  Duthan  B.  Snody,  Land  Owner,  Vol.  10,  p.  10. 

(<>)  W.  A.  Sicklcr,  Land  Owner,  Vol.  11,  p.  38.  (k)  Eda  M.  Camochan,  L^nd  Owner,  Vol.  8,  p.  lai. 

(•)  E.  J.  Records,  Land  Owner,  Vol.  10,  p.  256.  (i)  Annie  Anderson,  Land  Owner,  Vol.  8,  p.  177. 

(0  J.  F.  Folsom,  I^nd  Owner,  Vol.  10,  p.  394.  (">)  Joseph  Birchfield,  Land  Owner,  Vol.  lo.  p.  37. 
•(fj  William  H.  Glass,  Land  Oivner,  ^ol.  10, p.  to. 


THE  AMERICAN  SETTLER'S  GUIDE.  65 

When  an  additional  homestead  entry  is  made  under  the  Act  of  March  3,  1879,  ^^^  ^^^^  ^^i- 
braced  need  not  be  actually  cultivated  to  crop(*). 

A  party  who  entered  80  acres  of  land  under  the  homestead  laws,  and  received  patent  there 
or  cannot  relinquish  his  entry  and  make  another  one  under  the  act  of  March  3,  i879(*). 

Because  part  of  the  land  in  a  homestead  entry  is  beyond  a  railroad  grant,  should  not  prevent 
an  additional  homestead  entry  under  the  Act  of  March  3,  i879(*=). 

Under  Act  of  March  3,  1879,  no  credit  is  allowed  for  settlement  prior  to  entry(<*). 

Under  same  act  a  homestead  entry  was  allowed  notwithstanding  no  settlement  was  made 
under  original  entry (®). 

Parties  making  new  or  additional  entries  under  the  Acts  of  March  3,  1879,  and  J^^X  ^>  ^879, 
have  seven  years  within  which  to  make  final  proofC). 

(•)  Eben  M.  Gordon,  Land  Owner,  Vol.  9,  p.  148.  (d)  John  Casson,  Land  Owner,  Vol.  8,  p.  35,, 

(*>)  George  G.  Brewer,  Land  Ojuner,  Vol.  11,  p.  4.         (")  Anton  Rager,  Land  Owner,  Vol.  8,  p.  35., 
(•)   Benjamin  Geyler,  Land  Owner,  Vol.  9,  p.  116.         (*)  Jemina  Benbow,  Land  Owner,  Vol.  10,  p.  238; 

5 


CHAPTER    IV. 

PRE-EMPTIONS. 
I.   Pre-emption  Claims. 

The  principal  difference  between  the  homestead  and  the  pre-emption  privilege  is  :  I.  That 
beyond  the  small  fees  and  commissions  to  the  Registers  and  Receivers,  nothing  is  paid  for  the 
land  homesteaded,  whereas  $1.25  or  ^2.50  per  acre  in  money  or  its  equivalent  must  be  paid  for 
the  land  pre-empted.  Formerly  the  homestead  right  commenced  fron-  date  of  entry  at  the  local 
land  office,  while  the  pre-emption  right  was  initiated  by  settlement  on  lands  subject  thereto. 
But  by  Act  of  Congress  of  May  14,  1880  (see  last  chapter),  a  homestead  claim  is  allowed  to 
relate  back  to  date  of  settlement,  like  a  pre-emption  claim. 

The  principal  resemblances  are  :  i .  That  certain  time  is  allowed  after  the  first  papei^s  are  filed 
in  the  land  office  within  which  final  proof  must  be  made.  2.  Residence  and  cultivation  and 
improvements  are  necessary  to  secure  title.     3.  Settlement  may  be  made  on  unsurveyed  land. 

Formerly  the  homestead  right  could  attach  only  to  surveyed  land.  In  this  respect  it  then 
diffeied  from  the  pre-emption  right.  At  present  there  is  no  such  difference  between  the  two 
kinds  of  claims. 

Pre-emptions  are  admissible  to  the  extent  of  one-quarter  section  or  one  hundred  and  sixty 
acres  of  *'  offered  "  and  "  unoffered,"  "  minimum  "  and  "  double-minimum  "(*)  lands,  and  upon 
any  of  the  unsurveyed  lands  belonging  to  the  United  States  to  which  the  Indian  title  is  extin- 
guished, although  in  the  case  of  unsurveyed  lands  no  definite  proceedings  can  be  had  as  to 
completion  of  title  until  after  tlie  surveys  are  extended  and  officially  returned  to  the  district 
land  office. 

Wliere  tlie  tract  is  ^^ offered''''  land,  the  party  must  file  with  tlie  district  land  officers  his  declara- 
tory statement  as  to  the  fact  of  his  settlement  witliin  thii-ty  days  from  the  date  of  said  settlement, 
form  below,  and  within  one  year  from  date  of  settlement  must  appear  before  the  Register  and 
Receiver  and  make  pi-oof  of  his  actual  residence  on,  and  cultivation  of,  the  tract,  and  secure  the 
same  by  paying  cash,  or  locating  thereon  military  bounty-land  warrants,  or  agricultural -college 
or  other  scrip,  according  to  law. 

DECLARATORY   STATEMENT    FOR    CASES   WHERE  THE   LAND   CLAIMED   IS   SUBJECT   TO 

PRIVATE   ENTRY. 

I, ,  of ,  being ,  have,  since  the  first  day  of——,  A.  D.,  18 — ,  settled  and  improved 

the quarter  of  section  No. ,  in  township  No. ,  of  range  No. ,  in  the  district  of  lands  subject 

to  sale  at  the  land  ofTice  at  — — — ,  and  containing acres,  which  land  had  been  rendered  subject  to  private 

entry  prior  to  my  settlement  thereon  ;  and  I  do  hereby  declare  my  intention  to  claim  the  said  tract  of  land  as  a 
pre-emption  right,  under  section  2259  of  the  Revised  Statutes  of  the  United  States. 

Given  under  ray  hand  this day  of ,  A.  D.,  iS — . 


[n  presence  of- 


Where  the  tract  has  been  surveyed  and  not  offered  at  public  sale,  the  claimant  must  file  his 
declaratory  statement  within  three  months  from  date  of  settlement,  and  malce  proof  and  payment 
within  thirty  months  after  the  expiration  of  the  three  months  allowed  for  filing  his  declaratory 
notice,  or,  in  other  words",  within  thirty-three  months  from  date  of  settlement. 

Wliere  settlements  are  made  on  unsurveyed  lands,  settlers  are  required,  within  three  montlis 
after  the  date  of  the  receipt  at  the  district  land  office  of  the  approved  plat  of  the  township 
embracing  their  claims,  to  file  their  declaratory  statement  with  the  Register  of  the  proper  land 
office,  as  in  cases  of  unoffered  land  above,  and  tiiereafter  to  make  proof  and  payment  for  the 

(•)Theje  four  terms  were  explained  in  the  first  chapter. 

(66) 


THE  AMERICAN   SETTLER'S   GUIDE.  67 

tract  within  thirty  months  from  the  expiration  of  said  three  months.     The  local  oiScers  usually 
publish  a  notice  when  the  plat  is  filed. 

When  two  or  more  settlers  on  unsurveyed  land  are  found  upon  survey  to  be  residing  upon,  oi 
to  have  valuable  improvements  upon,  tlae  same  smallest  legal  subdivision,  they  may  make  joinl 
entry  of  such  tract,  and  separate  entries  of  tlie  residue  of  their  claims.  This  joint  entry  may  be 
made  in  pursuance  of  contract  between  the  parties,  or  witliout  it. 

DECLARATORY  STATEMENT  FOR  CASES  WHERE  THE  LAND  IS  NOT  SUBJECT  TO  PRIVATE  ENTRY. 


I,  ■  ,  of ,  being  ,  have,  on  the day  of  ,  A,  D.,  i8 — ,  settled  and  improved 

the quarter  of  section  No. ,  in  township  No. ,  of  range  No. ,  in  the  district  of  lands  subject 

to  sale  at  the  land  office  at  ,  and  containing acres,  which  land  has  not  yet  been  offered  at  public 

sale,  and  thus  rendered  subject  to  private  entry ;  and  I  do  hereby  declare  my  intention  to  claim  the  said  tract  of 
iand  as  a  pre-emption  right  under  section  2259  of  the  Revised  Statutes  of  the  United  States. 

Given  under  my  hand  this day  of ,  A.  D.,  18 — 

In  presence  of . 

a.   WHO   ARE   QUALIFIED   PRE-EMPTORS. 

The  pre-emption  privilege  is  restricted  to  heads  of  families,  widows,  or  single  persons  over 
the  age  of  twenty-one,  who  are  citizens  of  the  United  States,  or  who  have  declared  their  inten- 
tion to  become  citizens,  as  required  by  the  naturalization  laws.  This  does  not  include  Indians, 
except  such  as  have  ceased  their  tribal  relations  and  been  declared  citizens  by  treaties  or  acts  of 
Congress. 

Those  are  excluded  who  own  three  hundred  and  twenty  acres  of  land,  who  have  left  agricul- 
tural land  of  their  own  (not  a  town  lot)  in  the  same  State  or  Territory,  and  those  who  intend  to 
bettle  for  the  purpose  of  speculation  instead  of  cultivation  and  residence.* 

If  a  single  woman  marry  after  filing  her  declaratory  statement,  she  abandons  her  right  as  a 
pre-emptor(»). 

Under  the  pre-emption  laws,  the  "  head  of  a  family  "  means  the  actual  living  head  of  a  family. 
A  deserted  wife  or  one  whose  husband  is  a  confirmed  drunkard  may  be  the  head  of  a  family(*»). 

A  married  woman  who  has  minor  children  and  has  been  abandoned  without  cause  by  her 
husband  and  left  to  support  and  maintain  herself  and  children,  is  the  head  of  a  family,  and  en- 
titled to  pre-empt  in  her  own  name(*). 

A  party's  declarations  of  being  a  naturalized  citizen  or  having  declared  his  intentions  to  be- 
come a  citizen  are  not  competent  evidence,  though  his  declarations  that  he  is  not  a  citizen  are 
competent(*). 

A  party  cannot  hold  public  land  as  a  tenant  for  a  claimant  under  the  pre-emption  law(«), 

6.   SETTLEMENT   AND   FILING. 

From  the  moment  a  claimant  enters  upon  land  subject  to  pre-emption  with  the  intention  of 
remaining  and  entering  the  land  according  to  law,  and  does  some  act  showing  such  intention,  he 
Is  a  settler(').     Such  act  may  consist  in  erecting  a  house,  clearing  timber,  building  fences,  etc. 

Having  made  a  settlement,  his  next  step  towards  securing  title  is  the  filing  of  his  declaratory 
statement  within  the  time  specified,  or  he  will  be  liable  to  lose  his  claim. 

The  pendency  of  a  contest  between  two  pre-emption  claimants  does  not  exclude  pre-emption 
settlement  and  filing.     They  may  be  made  subject  to  the  decision  in  the  contest  pending(K). 

The  filing  of  a  declaratory  statement  before  settlement  is  a  nullity. 

A  settler  may  file  a  second  declaratory  statement  for  the  same  tractC*). 

A  settler  can  make  but  one  legal  filing  under  the  pre-emption  laws(^). 

But  one  pre-emption  right  is  extended  to  the  settler,  and  only  one  declaratory  statement  can 
be  legally  filed  by  the  same  party (•i). 

(»)  Ellen  AUanson,  Copp's  Public  Land  Laws,  p.  287.  Q^)  Wakeman  vs.  Bradley,  Land  Owner^  Vol.  a,  p.  i6« 

(<)  Sarah  E   R.  Hazelrigg,  Copp's  Public  Land  Laws,  p.  286. 

(*)  Walker's  Heirs  vs.  California,  Copp's  Public  Land  Laws,  p.  287. 

(*)  Dilla  vs.  Bohall,  Land  Oiuner,  Vol.  4,  p.  162.      (')  Allman  vs.  Thulon,  Copp's  Public  Land  Laws,  p.  690 

(«)  Schafer  vs.  Scheibel  et  nl.,  Copp's  Public  Land  Laws,  p.  292. 

(•>)  Wm.  L.  Philips,  Land  Oivner,  Vol.  8,  p.  139. 

t^)  Maria  Stevens,  Land  Oivner,  Vol.  4,  p.  39.  (j)  Minor  vs.  Briggs,  Land  Oivner,  Vol.  4,  p.  69. 

♦Austrian  vs.  Hogan,  Land  Owner,  Vol.  6,  p.  172. 


68  THE  AMERICAN   SETTLER'S   GUIDE. 

Section  2261,  Revised  Statutes,  forbids  second  filings  where  the  first  is  legal. 

Local  officers  are  directed  to  allow  no  second  or  amended  filings  without  first  submitting  the 
facts  to  the  Commissioner  of  the  General  Land  Office,  and  after  receiving  fonnal  authority  for 
such  action  (*). 

A  declaratory  statement  can  be  amended  only  in  case  of  mistake  or  misdescriptionC"). 

To  allow  a  second  filing  by  one  who  knew  his  first  filing  was  illegal,  and  who  claims  to  be 
benefited  by  the  illegality  of  his  first  filing,  would  be  allowing  a  party  to  take  advantage  of  his 
own  wrong,  and  encourage  otliers  to  wrong-doing,  by  removing  the  penalty  therefor (°). 

A  second  filing  is  allowed  in  case  of  a  minor,  a  bona  fide  settler,  on  becoming  of  age,  as  an 
amendment,  to  correspond  with  the  facts  of  his  legal  settlement,  provided  there  is  no  adverse 
claim  (•*). 

Where  a  party  filed  on  land  not  habitable  for  agi-icultural  purposes,  but  which  was  clearly 
swamp  land,  a  second  filing  will  be  allowed  on  land  properly  agricultural  in  character (*). 

In  case  it  satisfactorily  appears  that  a  pre-emption  settler  has  made  an  error  in  his  declaratory 
statement,  so  that  a  tract  he  has  improved  has  been  excluded  therefrom,  he  is  allowed  to  amend 
his  declaratory  statement  so  as  to  include  said  tract,  subject  to  an  adverse  claim('). 

A  pre-emptor  who  has  misdescribed  the  land  embracing  his  residence  and  improvements,  is 
allowed  to  amend,  unless  by  his  own  laches,  negligence  or  declarations,  he  has  barred  his  right 
in  favor  o*an  adverse  interest(K). 

A  widow  who,  by  mistake,  filed  a  declaratory  statement  in  her  own  name,  instead  of  for  "the 
heirs,"  will  be  allowed,  on  a  proper  showing,  to  amend  her  filing.  Such  mistake  does  not 
operate  to  defeat  the  rights  of  the  heirs  under  the  pre-emption  laws(»»). 

A  declaratory  statement  on  file  in  the  proper  office  is  notice  to  the  world  of  the  location  and 
extent  of  a  pre-emption  claim ;  and  no  subsequent  amendment,  except  for  error  or  mistake,  can 
operate  to  defeat  a  right  initiated  prior  to  such  amendment('). 

A  party  whose  application  to  file  a  declaratory  statement  is  rejected  has  a  right  to  appeal. 
His  failure  to  do  so  will  conclude  any  right  he  may  have  had  to  the  land  claimed  at  the  time  of 
such  refusal  (J). 

All  rights  of  pre-emption  existing  in  any  person  upon  land  in  a  township  offered  at  public  sale 
are  extinguished  on  tlie  day  appointed  for  the  commencement  of  the  sales,  if  not  asserted  prior 
to  the  date  of  sale,  and  no  rights  can  descend  to  heirs  based  upon  settlement  prior  thereto. 

Land  designated  as  mineral,  but  actually  agi*icultural  in  character,  is  only  subject  to  pre- 
emption after  its  segregation  from  the  mineral  lands  by  the  Secretary  of  the  Interior(*). 

After  land  has  been  proclaimed,  no  filing  can  be  received  until  after  the  offering — provided 
the  land  still  remains  unsold. 

A  party  settled  on  unsurveyed  land.  When  a  certain  township  was  surveyed,  a  part  of  his 
claim  was  found  therein,  the  balance  being  in  an  adjoining  unsurveyed  township.  The  settler 
filed  for  the  portion  of  his  claim  which  was  surveyed,  and  gave  notice  that  he  claimed  land  in 
the  adjoining  unsurveyed  township.  The  time  within  which,  by  law,  he  was  required  to  prove 
up  his  claim  was  about  to  expire,  and  the  other  township  had  not  been  surveyed}  it  was  held  by 
the  Land  Department  that  after  the  other  township  should  be  surveyed,  and  the  plat  thereof 
returned,  the  settler  should  be  allowed  the  usual  time  within  which  to  file  his  declaratory  state- 
ment and  prove  up  and  pay  for  his  entire  claim('). 

A  pre-emption  settler  on  unsurveyed  lands  is  not  bound  to  file  his  declaratory  statement  until 
after  an  approved  survey  has  been  made  which  shall  enable  him  to  describe  the  land  claimed  by 
proper  legal  sub-divisions.     Where  part  only  of  his  claim  has  been  surveyed,  he  is  not  bound  to 

(»)  D.  C.  Brownell,  Land  Owner,  Vol,  4,  p.  41. 

">)  D.  A.  Snyder,  Land  Owner,  Vol.  2,  p.  ri6. 

{«)  French  vs.  Tatro,  Land  Owner,  Vol.  3,  p.  166.  («J)  Ibid. 

(•)  F.  L.  Goings,  Land  Owner,  Vol.  4,  p.  117.  (f)  Instructions,  Land  Owner,  Vol.  5,  p.  148. 

(g)  Jeff.  Newcomb,  Land  Owner,  Vol.  2,  p.  162.  Q>)  Elizabeth  Luce,  Land  Owner,  Vol.  i,  p.  180, 

(I)  University  of  Cala.  f.r.  Block,  Copp's  Public  Land  Laws,  p.  322. 

(J)  Brown  vs.  White,  Copp's  Public  Land  Laws,  p,  298. 

fk)  Tong  vs.  Hall  et  al,,  I  .and  O^tmer,  Vol.  3,  p.  3.         (l)  Wm.  McHcnrj',  Copp's  Public  Land  Laws,  p.  995 


THE   AMERICAN   SETTLER'S  GUIDE.  69 

file  until  after  the  entire  tract  claimed  has  been  surveyed  and  plat  thereof  returned  to  the  local 
olEce(*). 

A  party  who  filed  on  an  eighty-acre  tract,  cannot  be  allowed  to  file  for  an  eighty-acre  tract 
-djoining  upon  the  cancellation  of  a  homestead  entry  thereonC*). 

Land  covered  by  a  homestead  is  subject  to  a  pre-emption  claim  initiated  prior  to  the  homestead, 
and  filing  should  be  received  within  the  legal  period  after  settlement(«) . 

The  local  land  officers  have  no  authority  to  receive  applications  to  file  or  enter  land  which 
is  in  a  state  of  reservation,  and  hold  them  until  the  reservation  is  removed,  and  then  place  them 
on  record,  in  order  to  advance  the  interests  or  accommodate  any  individuals^). 

Where  land  has  been  reserved  and  then  released  from  such  reservation,  the  rule  is  to  give 
notice  by  publication  when  the  land  will  become  subject  to  appropriation.  A  pre-emptor  who 
has  been  living  on  such  land  will  have  preference  over  a  pre-emptor  who  makes  settlement  on 
the  day  the  land  becomes  subject  to  appropriation,  other  things  being  equal(*). 

A  settler  who  in  good  faith  is  residing  on  a  tract  of  land  covered  by  a  homestead  entry  at  the 
date  of  the  cancellation  of  said  entry,  has  a  superior  right  to  said  tract,  if  he  file  under  the  pre- 
emption law  in  time,  to  a  person  who  merely  makes  a  homestead  entry  on  the  land  the  day  the 
prior  entry  is  canceled (^). 

Where  a  pre-emptor  tenders  his  declaratory  statement  for  a  tract  of  land  before  another  pre- 
emptor  has  fully  completed  his  entry,  by  making  payment  for  the  same  tract,  the  declaratory 
statement  should  be  received  and  the  party  allowed  a  regular  hearing  before  the  local  officers(«). 

The  cancellation  of  a  filing  upon  ex  parte  affidavits  is  error(/^). 

Land,  when  once  appropriated  under  the  Homestead  Law,  is  thereafter  removed  from  pre- 
emption settlement  and  homestead  entry,  and  can  only  be  again  subject  to  them  by  a  cancellation 
of  the  homestead  entry  in  the  manner  prescribed  by  law.  Such  cancellation  becomes  effective 
at  the  date  of  the  receipt  of  the  order  therefor  at  the  local  office^*). 

Lands  covered  by  unexpired  homestead  filings,  may  be  filed  upon  under  the  pre-emption  laws 
subject  to  the  homestead  filings(*). 

A  party  cannot  file  under  the  pre-emption  aitn  the  homestead  law  at  the  same  time. 

C.    RESIDENCE   AND   IMPROVEMENTS. 

The  sufficiency  of  residence  and  improvements  is  a  question  of  fact  to  be  decided  from  the 
circumstances  of  each  case.     The  good  faith  of  every  claimant  must  be  clearly  proven. 

Where  a  party  is  very  poor,  a  dug-out  in  the  side  of  a  hill  or  a  sod  house  is  a  satisfactory 
place  of  abode,  and  four  pre-emptors  may  combine  to  erect  a  house  on  the  comer  common  to 
their  claims,  but  each  pre-emptor  must  reside  in  his  own  part  of  the  house(^).  Should  one  ol 
them  be  unmarried,  he  may  board  in  the  family  of  a  married  pre-emptor. 

A  public  officer  may,  during  the  term  of  his  office,  actually  reside  at  the  capital  or  other  place 
required  by  law  for  him  to  reside,  without  losing  his  legal  residenceC'). 

Where  it  can  be  shown  that  such  public  officer  in  good  faith  intended  to  appropriate  certain 
premises  under  the  pre-emption  law,  and  that  after  residing  thereon  for  several  years  he  left  for 
temporary  purposes  only,  retaining  actual  possession  of  the  land  during  such  absence,  he  cannot 
be  said  to  have  abandoned  either  the  premises  or  his  claim  under  the  pre-emption  laws(^). 

Should  a  claimant  settle  late  in  the  autumn  in  a  cold  climate,  or  severe  droughts  or  other 
good  cause  prevent  extensive  cultivation,  or  lack  of  means  seriously  interfere,  few  improve- 
ments and  little  cultivation  would  be  required  by  the  I^nd  Department. 

(•)  P.  A.  Roundtree,  Copp's  Public  Land  Laws,  p.  296.     (i>)Daniel  Ashton,  Land  O-wner^  Vol,  4,  p.  117. 

(o)Keisker  vs.  Johnson  et  al.,  Copp's  Public  Land  Laws,  p.  319. 

(d)  McKee  vs.  Walther  et  al..  Land  Owner,  Vol.  5,  p.  84. 

(•)Timmons  vs.  Gleason,  Land  Owner,  Vol.  3,  p.  71. 

(0  Born  vs.  demons  et  al..  Land  Owner,  Vol.  1,  p.  67. 

(!)  Conroy  vs.  Phillips  et  al.,  Copp's  Public  Land  Laws,  p.  297. 

(*>) Crystal  vs.  Dahl,  Eno  vs.  McDonald,  Copp's  Public  Land  Laws,   p.  316. 

0)  Instructions,  Land  Owner,  Vol.  i,  p.  163.  (j)  Wright  vs.  Wood,  Copp's  Public  Land  Laws,  p.  304. 

.(k)  Benson  vs.  Western  Prxific  R.  P    Co.,  Copp's  Public  Land  Laws,  p.  412. 


70  THE  AMERICAN  SETTLER'S  GUIDE. 

d.    PROOF  AND    PAYMENT. 

Within  the  time  specified  on  page  66,  proof  of  compliance  with  the  law  and  payment 
of  the  money  due,  or  its  equivalents  in  warrant  or  scrip,  must  be  made.  Published  notice  must 
be  given  and  proof  thereof  presented  as  set  forth  in  homestead  cases. 

The  affidavit  required  may  be  made  now  before  the  clerk  of  the  county  court,  while  the 
evidence  of  witnesses  may  be  taken  before  any  officer  authorized  to  administer  oaths (*). 

Any  person  swearing  falsely  forfeits  all  right  to  the  land  and  to  the  purchase  money,  and  is 
liable  to  prosecution  under  the  criminal  laws  of  the  United  States. 

AFFIDAVIT    REQUIRED   OF   PRE-EMPTION   CLAIMANT. 

I, ,  claiming  the  right  of  pre-emption,  under  section  2259  of  the  Revised  Statutes  ot  the  United 

States,  to  the of  section  No. ,  of  township  No. ,  of  range  No. ,  subject  to  sale  at ,  do 

solemnly that  I  have  never  had  the  benefit  of  any  right  of  pre-emption  under  said  section ;  that  I  am  not 

the  owner  of  three  hundred  and  twenty  acres  of  land  in  any  Stale  or  Territory  of  the  United  States,  nor  have  I 
settled  upon  and  improved  said  land  to  sell  the  same  on  speculation,  but  in  good  faith  to  appropriate  it  to  my 
own  exclusive  use  or  benefit ;  and  that  I  have  not,  directly  or  indirectly,  made  any  agreement  or  contract,  in 
any  way  or  manner,  with  any  person  or  persons  whomsoever,  by  which  the  title  which  I  may  acquire  from  the 
Government  of  the  United  States  should  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  myself. 

I, ,  ot  the  land  office  at  ,  do  hereby  certify  that  the  above  affidavit  was  subscribed  and 

sworn  to  before  me  this day  of ,  A.  D.,  18 — . 

Where  a  pre-emptor  swears  falsely,  and  his  entry  is  canceled  because  of  fraud,  the  Supreme 
Court  Scrip  used  in  payment  of  his  claim  is  forfeited  like  a  money  payment,  and  can  not  be 
returned  even  to  innocent  vendees  of  the  claimantC^). 

Payment  for  public  lands  is  required  by  law  to  be  made  to  the  Receiver.  He  is  the  only 
officer  authorized  to  receive  such  moneys.  Registers  are  not  so  authorized,  and  parties  en- 
trusting their  money  to  a  Register  do  so  at  their  own  risk.  The  official  bondsmen  of  Registers 
cannot  be  held  liable  for  a  breach  of  private  trust  by  their  principals(''). 

A  hearing  may  be  ordered  after  final  proof  has  been  made  in  a  pre-emption  case  to  ascer- 
tain fraud  reported  by  a  special  agent(^). 

A  proclamation  is  held  to  be  sufficient  notice,  to  a  pre-emption  claimant,  to  perfect  any  pre- 
ferred right  that  he  might  have  on  lands  which  are  offered  for  sale  by  such  proclamation ;  and 
where  a  public  notice  was  duly  published  at  the  place  whereat  interested  parties  were  bound 
to  seek  information  regarding  the  public  lands,  a  failure  to  learn  of  it  is  their  neglect  only. 

A  notice  to  pre-emption  claimants  to  prove  up  their  claims  before  date  of  public  sale  is  ex 
gratia,  and  the  absence  of  such  notice  would  not  invalidate  the  sale(^). 

Where  a  county  embraces  land  in  two  districts,  a  claimant  who  applies  for  land  in  one  dis- 
trict may,  under  the  Act  of  March  3,  1877,  make  the  required  proof,  etc.,  before  the  clerk  at 
the  county  seat,  though  such  cpunty  seat  is  located  in  the  other  land  district (^). 

A  pre-emptor,  when  his  land  lies  in  two  districts,  should  file  a  declaratory  statement  m  each 
land  office,  and  pay  for  the  portion  separately  in  each  district.  The  regular  fees  should  be 
paid  in  each  office,  and  a  certificate  and  receipt  should  issue  from  each  office(8). 

Joint  entry  by  pre-emptors  and  homestead  claimants  may  be  allowed(**). 

Where  a  boundary  line  is  recognized  between  two  pre-emptors,  A  and  B,  who  settled  before 
survey  on  the  same  legal  subdivision,  and  A  sold  to  C  after  survey — on  a  proper  showing,  a 
joint  entry  by  B  and  C  will  be  allowed(»). 

A  pre-emptor  who  settled  prior  to  the  homestead  entry  of  another  party  cannot  cite  such 
entryman  to  a  hearing  until  date  of  offering  his  final  proof(J). 

A  party  who  has  resided  on  a  tract  five  years  may  transmute  his  pre-emption  filing  to  a 
"homestead  entry,  and  give  notice  of  intention  to  prove  up  on  the  same  day. 

(»)  Act  of  June  9,  1880.     Land  Owner,  Vol.  7,  p.  58.  \f)  F.  C.  Saunders,  Land  Owner,  Vol.  10,  p.  169. 

(*>)  R.  F.  Pettigrew,  Land  Owner,  Vol.  10,  p.  179.  (g)  Instructions,  Land  Owner,  Vol.  10,  p.  172. 

(»)  John  Dotta,  Land  Owner ,  Vol.  lo,  p.  86.  (t)  Burton  vs.  Stover,  Land  Owner,  Vol.  10.  p.  345. 

(d)  Thomas  Wrigglesworth,  LMnd  Owner,  Vo\.  11,  p.  (*)  Vennegerholtz  z/j.  McKennon,  Land  Owner,  Vol. 

74.  6,  p.  154. 

(•)  Durisoe  vs.  Cessna,  Land  Owner,  Vol.  i  ^,  p.  104.  (J)  Dcsarchy  vs.  JuTircz, Liind  Owner,  Vol.  10,  p.  gx~. 


THE  AMERICAN  SETTLER'S  GUIDE.  71 

A  party  who  has  resided  on  a  tract  for  five  years  without  any  filing  may  enter  and  give  no- 
tice of  intention  to  prove  up  on  the  same  day(^*). 

A  quit-claim  deed  executed  by  an  occupant  of  public  land  will  not  operate  to  estop  the 
grantor  from  asserting  his  own  subsequently  acquired  title. 

A  settler  who  has  conveyed  by  warranty  deed  the  land  claimed  by  him  cannot  take  oath  pre- 
scribed by  Sec.  2262  Rev.  Stats.,  and  cannot,  therefore,  make  a  valid  pre-emption  entry. 

The  settler  may  render  himself  qualified  to  take  the  prescribed  oath  by  showing  a  rescission 
or  annulling  of  the  contract,  by  which  the  title  the  pre-emptor  might  acquire  from  the  Govern- 
ment would  inure  to  the  benefit  of  another (*>). 

[No.  4-374'^-] 

PRE-EMPTION  PROOF. — TESTIMONY  OF  CLAIMANT. 

,  being  called  as  a  witness  in own  behalf  in  support  of pre-emption  claim  to  th« 

,  testifier;  as  follows  : 

Ques   I.  What  is  your  name  (written  in  full  and  correctly  spelled)  and  age? 

Ques.  2.  Are  you  the  head  of  a  family  (if  so,  of  whom  does  it  consist),  or  a  single  person? 

Ans. . 

Ques.  3.  Are  you  a  native-bom  or  naturalized  citizen  of  the  United  States?* 

Ans. . 

Ques.  4  Is  your  pre-emption  claim,  above  described,  within  the  limits  of  an  incorporated  town,  or  selected 
site  of.the  city  or  town,  or  used  in  any  way  for  trade  and  business  ?  2.  Did  you  leave  other  land  of  your  own  to 
settle  on  your  present  claim?  3d.  Have  you  ever  made  a  pre-emption  filing  or  entry  for  lan^i  other  than  that 
"ou  now  seek  to  enter?     If  so,  describe  the  same.     (Answer  to  the  point  and  in  detail.) 

Ans.     1st. ;  2d, :3d, . 

Ques.  5.  When  did  you  first  make  settlement  on  the  above-described  land?  2d.  What  was  your  first  act  of 
settlement  ?  30!  Were  there  any  improvements  on  the  land  when  you  settled  ?  If  so,  state  who  then  owned 
them  and  whether  you  purchased  the  same.  4th.  W.hat  improvements  have  you  made  on  the  land  since  settle- 
ment, and  what  is  the  value  of  same? 

Ques.  6.  When  did  you  first  establish  an  actual  residence  on  the  land  you  now  seek  to  enter?  2d.  Has  your 
residence  thereon  since  been  continuous  :  3d.  What  use  have  you  made  of  the  land  ?  4th.  How  much  ol  the 
land,  if  any,  have  you  broken  and  cultivated  since  settlement,  and  what  kind  and  quality  of  crops  have  you 
raised  ? 

Ques.  7.  Are  either  of  the  parties  who  have  testified  as  your  witnesses  in  this  case  related  to  you  by  blood  or 
marriage?     If  so,  state  how  related. 
Ans. . 


I  hereby  certify  that  each  question  and  answer  in  the  foregoing  testimony  was  read  to  claimant  before  being 
subscribed,  and  was  sworn  to  before  me  this day  of ,  1S8— . 


PRE-EMPTION  PROOF. — TESTIMONY  OF  WITNESS. 


(The  testimony  of  two  witnesses,  in  this  form,  taken  separately,  required  m  each  case.) 
,  being  called  as  a  witness  in  support  of  the  pre-emption  claim  of to  the ,  testifies  as 


follows : 

Ques.  I.  What  is  your  post-office  address  ? 

Ans. . 

Ques.  2.  How  long  have  you  known  claimant,  and  what  is age? 

Ans. . 

Ques.  3.  Is  claimant  married  or  single?  2d.  Of  whom  does family  (if  any)  consist?  3d.  Is a  na- 
tive or  naturalized  citizen? 

Ques.  4.  Are  you  familiar  with  the  character  of  the  land  ?  2d.  Are  there  any  indications  of  coal,  minerals, 
or  salines  thereon  ?  (If  .so  state  plainly  the  nature.)  3d.  Is  it  more  valuable  for  agricultural  than  mining  pur- 
poses? 4th.  Do  you  reside  in  its  vicinity?  5ih.  Is  it  within  the  limits  of  an  incorporated  town,  or  selected 
town-site,  or  used,  in  any  way,  for  purposes  of  trade  or  business?     (Answer  to  the  point  and  in  detail.) 

Ans.  ist, ;  2d, ;  3d, ;  4th, ;  5th, . 

Ques.  5.  Is  claimant  the  owner  of  320  acres  in  this  or  any  other  State  or  Territory?     2d.  Did leave 

or  abandon  a  residence  on own   land  in   this to   reside  on  the  land  herein  described  ?     3d.  Has 

ever  filed  for  or  entered  other  land  under  the  pre-emption  law?     4th.  Has mortgaged  or  agreed  to  sell  the 

the  land  herein  described? 

Ques.  6.    When  did  claimant  first  settle  on claim?     2d.  What  was first  act   of  settlement?     3d. 

What  improvements  has on  the  land  ?     4th.  What  is  the  value  of  such  improvements  ?     5th.  When  did 

commence residence  thereon?     6th.  Has residence  been  continuous?     7th.  What  use  has 

made  of  the  land?     8th.  How  much  land  has broken  and  cultivated?     (Answer  to  the  point  and  in  detail.) 

.    Ans.   1st, ;  2d, ;  3d, ;   4th,  $ ;    5th, ;    6th,——;  7th, •;  8th, 

acres. 

(M  F.  D.  Packard,  Land  Chvner,  Vol.  8.  p.  91. 
(•>)  State  of  California  vs.  Alari,  Land  Oivner  Vol. 
8,  p.  140. 

♦In  case  the  party  is  of  foreign  birth,  a  copy  of  his  declaration  of  intention  to  become  a  citizen,  or  full  nauu- 
■lization  ccnificate,  officialiv  certified,  must  be  filed  with  the  case. 


73  THE  AMERICAN  SETTLER'S  GUIDE. 

Ques.  7.  Are  you  in  any  way  interested  in  this  claim,  or,  by  blood  or  marriage,  related  to  claimant? 
Ans. . 


I  HEREBY  CERTIFY  that  witness  is  a  person  of  respectability  ;  that  each  question  and  answer  in  the  foregoing 

testimony  was  read  to before signed name  thereto ;  and  that  the  same  was  subscribed  and 

sworn  to  before  me  this  — ^— day  of ,  i8 — . 

Note.— The  officer  before  whom  the  testimony  is  taken  should  call  the  attention  of  the  witness  to  the  follow 
ing  section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascertained 
that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law. 

Title  LXX.— CRIMES.— Ch.  4. 

Sec.  5392-  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
case  in  wliich  a  law  of  the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribea 
is  true,  wilfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  does  not  believe  to 
be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  labor,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversecl.    [See  g  1750.J 

The  Register  and  Receiver  will  thereupon  issue  the  final  papers,  giving  the  claimant  a  dupli- 
cate of  the  Receiver's  receipt  for  the  money  paid.  The  patent  will  be  issued  in  due  course  and 
sent  to  the  local  land  office  for  delivery,  unless  otherwise  directed  by  the  claimant,  as  described 
in  Chapter  I. 

When  two  or  more  settlers  on  unsurveyed  land  are  found  upon  survey  to  be  residing  upon,  or 
to  have  valuable  improvements  upon,  the  same  smallest  legal  subdivision,  that  is,  a  forty-acre  tract 
or  a  lot,  they  may  make  joint  entry  of  such  tract,  and  separate  entries  of  the  balance  of  their 
claims.  This  joint  entry  may  be  made  in  pursuance  of  contract  between  the  parties,  or  with- 
out it. 

At  any  time  after  three  months  after  the  township  plat  is  filed  in  the  local  office,  a  party  who 
wishes  a  speedy  adjustment  of  his  claim  may  bring  contest  against  adverse  claimants  by  filing  his 
affidavit  and  making  provision  for  the  expenses  of  tlie  contest  before  the  Register  and  Receiver. 
The  hearing  may  be  adjourned  for  distance  or  other  good  cause,  and  the  testimony  may  be  taken 
on  a  commission  issued  to  any  officer  authorized  to  administer  oaths. 

When  the  joint  entry  is  made  in  pursuance  of  contract,  the  contract  should  be  made  first,  and 
the  filing  and  entry  thereafter  be  made  in  pursuance  thereof,  by  one  party  for  all  concerned. 

This  contract  must  be  in  writing  signed  by  all  parties  thereto,  attested  by  two  disinterested 
witnesses,  and  acknowledged  before  some  officer  authorized  to  take  acknowledgments  of  deeds 
within  and  for  the  State  where  the  land  is  situated.  The  character  and  authority  of  tlie  officer 
must  be  verified  by  the  seal  of  a  court  of  record. 

Proof  of  occupation  by  settlement,  residence  and  improvement  by  each  and  every  party  to  the 
contract,  must  be  made.  The  entry  of  an  inconsiderable  excess  over  one  hundred  and  sixty 
acres  will  be  permitted  when  tlie  tract  is  bounded  by  regular  quarter-section  lines  of  survey. 
The  pre-emption  affidavit  will  be  modified  by  inserting  after  the  word  "  whomsoever,"  the 
words,  "  save  under  Section  2274  of  the  Revised  Statutes  of  the  United  States,  and  as  specified 
in  the  contract  herewith  submitted  in  pursuance  thereof." 

No  one  w1k>  settled  after  survey  was  made  can  be  a  party  to  a  joint  entry,  though  where  a 
party  succeeds  by  jwrchase  to  the  rights  of  one  of  two  settlers  before  survey  where  there  is  a 
recognized  division  of  land,  such  tract  may  be  entered  by  the  two  settlers  jointly(*). 

The  established  rale  for  awarding  entries  where  two  or  more  bona  fide  pre-emption  clainuints 
are  found  by  the  Government  survey  with  conflicting  or  over-lapping  claims,  is  : 

1.  Joint  entries  for  the  adjustment  of  cotermtnuous  boundaries. 

2.  Entries  by  legal  subdivisions  to  include  principal  improvements. 

3.  Entiy  by  the  prior  settler.     Such  entries  to  be  allowed  as  equity  and  justice  may  requireC*). 
Should  the  settler  die  before  establishing  his  claim  within  the  period  limited  by  law,  the  title 

may  be  perfected  by  the  executor,  administrator,  or  one  of  the  heirs,  by  making  the  requisite 
proof  of  settlement  and  paying  for  the  land ;  the  entry  to  be  made  in  the  name  of  "  the  heirs  " 
of  the  deceased  settler ;  and  the  ])atent  will  be  issued  accordingly,     Tlie  legal  representativej 

{»)  Vennigerholtz  vs.  McKcnnon,  Land  Owner,  Vol.  6,  p.  154.  • 

(•»)  Powell  vs.  Bciitty.  I.Aind  O-iuner,  Vol.  2,  p.  115. 


THE   AMERICAN    SETrLER'S   GUIDE.  73 

of  the  deceased  pre-emptor  are  entitled  to  make  the  entry  at  any  time  within  the  period  during 
which  the  pre-emptor  would  have  been  entitled  to  do  so  had  he  lived.  \ 

The  executor,  administrator,  or  one  of  the  heirs,  has  the  absolute  right  to  complete  the  neces- 
sary proceedings  for  acquisition  of  title  in  case  of  a  deceased  pre-emption  claimant(»).  The 
Land  Department  does  not  inquire  if  there  are  any  heirs;  but  if  there  are  any,  it  casts  the 
title  distributively  upon  each  by  including  him  in  the  general  provision (^). 

RULINGS. 

Where,  from  the  nature  of  the  land  entered  under  the  pre-emption  law,  it  would  appear  that 
the  claimant  has  selected  it  for  speculative  purposes  rather  than  for  purposes  of  improvement 
and  cultivation,  the  evidence  of  good  faith  and  occupation  should  be  of  the  most  satisfactory 
character  (•). 

An  unlawful  occupant  cannot  prevent  the  legal  settlement  of  a  Qualified  pre-emptor  on  public 
lands. 

A  pre-emptor  may  pay  for  part  of  his  claim  and  abandon  the  balanceC^). 

The  possibility  of  one  party  taking  the  improvements  of  another  is  recognized  as  within  the 
contemplation  of  the  pre-emption  enactments (*). 

Parties  who  apply  to  make  entry  of  lands  under  the  provisions  of  the  pre-emption  laws, 
should  be  required  to  show  by  affidavit  or  otherwise  that  tliey  have  not  made  a  previous  filingC). 

The  even  sections  along  the  route  of  the  railroad  granted  by  act  of  July  i,  1862,  and  the  acts 
amendatory  thereof,  must  be  sold  for  not  less  than  $2.50  per  acre(«). 

A  pre-emptor  who  settled  prior  to  withdrawal  for  railroads,  may  enter  his  land  at  the  minimum 
price  at  any  time  prior  to  the  initiation  of  an  adverse  right  by  another  settler(*»). 

Where  a  pre-emptor  makes  final  proof  and  payfnent  and  certificate  for  patent  issued,  such 
certificate  may  be  assigned  to  a  bona  fide  purchaser  for  value,  who  will  be  protected  in  his 
purchase. 

The  good  faith  of  the  purchaser  must  be  established  by  the  facts  in  the  case  beyond  question; 
but  when  so  established,  his  rights  cannot  be  invalidated  by  showing  that  his  grantor  failed  to 
comply  with  the  law('). 

A  party  who  purchases  land  without  examination  or  inquiry,  cannot  be  considered  an  innocent 
purchaser,  especially  when  he  fails  to  offer  testimony  showing  his  own  good  faith  and  that  of 
his  grantors,  at  an  investigation  ordered  for  that  purpose(J). 

Irregularities  in  the  pre-emption  proceedings  may  be  overbalanced  in  view  of  ignorance  and 
good  faith,  but  a  certificate  issued  to  a  pre-emptor  on  a  sworn  statement  of  alleged  facts  which 
never  existed,  is  void(z3). 

Where  a  party  settles  as  a  pre-emptor  upon  land  subject  to  such  settlement,  and  in  due  tima 
offers  to  make  proof  and  payment  at  the  proper  land  office,  his  right  will  not  be  prejudiced  by 
the  wrongful  refusal  of  the  local  officer  to  receive  such  proof  and  paj-ment,  and  he  will  not  be 
obliged  to  remain  thereafter  upon  the  land  he  claims(^). 

A  party  who  went  upon  land  reserved  under  a  railroad  grant,  with  assurance  from  the  com- 
pany tliat  he  could  purchase  it  of  them,  was  not  wrongfully  upon  the  land,  when  the  Department 
decided  that  it  was  not  included  within  the  reservation  to  the  company,  and  had  ordered  the 
same  restored  to  settlement. 

Where  a  pre-emptor  is  living  upon  and  cultivating  such  tract  of  land,  no  specific  act  is  neces- 
sary to  constitute  a  new  settlement  after  the  restoration  thereof  to  market('). 

No  general  or  inflexible  rule  can  be  laid  down  in  cases  where  parties  who  are  residing  upon 
land  at  date  of  cancellation  of  homestead  entries,  seek  to  enter  the  tracts  embraced  therein. 
It  is  simply  a  question  of  good  faith,  and  each  case  must  be  considered  upon  its  own  merits(™). 

(»)  John  Redington,  Land  Ozvner,  Vol,  2,  p.  19.  (b)  Ibid. 

(*)  Copley  vs.  Reil,  LancPOtuner,  Vol.  5,  p.  166.  \^)  D.  A.  Malone,  Copp's  Public  Land  Laws,  p.  311. 

{•)  Marks  vs.  Bray,  Land  Oxvner,  Vol.  8,  p.  139."  (f)  Gladfelter  vs.  Wren,  Land  Owner,  Vol.  4,  p.  42, 

(b)  Patrick  Clasby  et  aL,  Land  Owner,  Vol.  4,  p.  84.  (b)  Erastus  Kimball,  Copp's  Public  Land  Laws,  p.  B95. 

(>)  Hensley  vs.  Ayers,  Land  Oiuner,  Vol.  3,  p.  53.  (i;  Moran  and  Cady,  Land  Owner,  Vol.  3,  p.  4. 

(^)  Farley  vs.  Gleeson,  Land  O'vner,  Vol.  3,  p.  38.  {})  Peterson  vs.  Ki;chfcn,  Land  Owner,  Vol.  2,  p    181. 

<■)  Porter  vs.  Johnson,  Land  Owner,  Vol.  3,  p.  37. 


74  THE   AMERICAN   SEITLER'S  GUIDE 

No  specific  act  of  settlejnent,  after  restoration  of  the  land,  is  required  of  a  settler  whose  every- 
day life  can  be  considered  a  compliance  with  the  law. 

But  such  settler  cannot  embrace  in  his  claim  land  not  in  his  possession  on  which  are  the 
improvements  of  another  who,  like  himself,  has  settled  without  the  protection  of  law. 

A  homestead  entry  made  on  the  day  of  restoration,  of  a  tract  not  in  the  possession  of  the  pre- 
cmptor,  is  a  legal  appropriation  of  the  land  as  soon  as  it  is  subject  to  entry (»). 

The  land  to  which  a  claimant  may  have  a  right  of  possession,  although  for  some  valid  reason 
not  the  actual  possession,  must  be  land  to  which  he  can  assert  a  valid  claim  under  the  pre- 
emption law. 

A  trespass  upon  the  public  lands  will  not  be  sustained  under  the  decision  in  Atherton  vs. 
Fowler;  nor  will  the  claim  of  a  person  who  is  qualified  and  has  complied  with  law  be  subject 
ro  defeat  in  favor  of  an  unlawful  occupant(^) 

Where  a  party  has  made  settlement  and  filing,  and  is  thereafter  sentenced  to  the  penitentiary 
for  a  period  which  will  expire  after  the  time  in  which  proof  and  payment  should  be  made,  such 
proof  and  payment  may  be  made  by  a  guardian  or  trustee("). 

f.   SALE  AND   FORFEITURE. 

Where  an  incomplete  pre-emption  claim  is  sold  or  abandoned,  the  right  is  forfeited,  and  where 
hiing,  proof  and  pa)mient  are  not  made  as  required,  the  claim  is  liable  to  forfeiture;  but  a  sale 
should  not  be  held  to  work  a  forfeiture  unless  it  is  voluntary,  and  made  while  the  party  is  in 
possession  of  his  mental  faculties(<*). 

A  written  contract  for  the  sale  of  growing  trees  which  the  purchaser  was  to  cut  and  remove 
as  soon  as  the  vendor  obtained  patent  is  a  contract  prohibited  by  the  pre-emption  law(*). 

A  homestead  or  pre-emption  settler  is'pennitted  tp  cut  trees  upon  his  land,  for  building, 
fencing,  repairs  and  firewood.     Should  there  be  no  trees  growing  upon  his  land,  he  may  cut  trees 
rowing  uj)on  the  mountain  slopes,  but  only  for  domestic  uses. 

A  verbal  sale  when  accompanied  by  delivery  of  tlie  land  forfeits  the  pre-empflon  right('). 

Parole  evidence  is  admissible  to  defeat  a  deed  or  written  contract  on  the  ground  of  illegal 
consideration,  duress  or  fraud.     A  deed  absolute  on  its  face  may  be  shown  to  be  a  mortgage(«). 

Mortgages  released  or  otherwise  are  no  bar  to  the  completion  of  a  pre-emption  claim. 

There  is  no  forfeiture  declared  because  of  a  failure  on  the  part  of  a  pre-emption  settler  to 

make  proof  and  payment  for  unoffered  land  within  thirty  months  from  the  time  when  he  should 

have  filed  his  declaratory  statement  — provided  no  adverse  settler  has  made  settlement  on  the 

land  and  complied  with  the  lawC*). 

The  question  of  abandonment  is  discussed  at  considerable  length  in  Johnson  vs.  Graybill,  Land  Chimer,  Vot. 

2,    p.    loo. 

II.    Pre-emption  Homesteads. 

When  an  individual  has  made  settlement  on  a  tract  and  filed  his  pre-emption  declaration 
therefor,  he  may  change  his  filing  into  a  homestead,  if  he  continues  in  good  faith  to  comply 
with  the  pre-emption  laws  until  the  change  is  effected ;  the  time  during  which  the  party  has  re- 
sided upon  and  claimed  the  land  as  a  pre-emptor  will  be  credited  upon  the  period  of  residence 
and  cultivation  required  under  the  homestead  laws.  In  so  doing  he  is  required  in  his  firs* 
homestead  affidavit  to  set  forth  the  fact  of  a  previous  pre-emption  filing,  the  time  of  actual  resi- 
dence thereunder,  and  the  intention  to  claim  the  benefit  of  such  time.  In  making  final  proot 
on  his  homestead  entry  he  is  required,  in  addition  to  the  usual  affidavit  and  proof,  to  make  the 
"  pre-emption  homestead  affidavit,"  below : 

(»)  Corrigan  vs.  Ryan,  Land  Owner,  Vol.  4,  p.  42.  (b)  M.iriis  vs.  Bray,  Land  Owner,  Vol.  8,  p.  139 

(•)J.  T.  Benson,  Land  Owner,  Vol.  6,  p.  108. 

<"i)  Catala  vs.  Austin  et  al.,  Copp's  Public  Land  Laws,  p,  313. 

(«)  Webster  vs.  Sutherland,  Copp's  Public  Land  Laws,  p.  312.     instructions,  L/tnd  Owner,  Vol.  i,  p.  163 

(f)  Hudsonpiller  vs.  Queen,  Copp's  Public  Land  Laws,  p.  312, 

\i)  Philip  Waldron,  Copp's  Public  Land  Laws,  p.  313. 

(b)  Shreves  vs.   Eatou,  Lund  tnuiinr.  Vol.  5,  p.  165.      Larson  i/^.   Wcisbccker,  Zrt«</  Owner,  Vol.  g,  p,  60 


THE  AMERICAN  SETTLER'S   GUIDE.  75 

PRE-EMPTION   HOMESTEAD   AFFIDAVIT. 

!To  be  used  in  making  final  proof  in  cases  where  pre-emption  filings  have  been  changed  to  homestead  entries 
under  the  acts  of  March  3,  1877,  and  May  27,  1878.) 

I,  — — ,  having  changed  my  pre-emption  declaratory  statement  No. ,  filed  the day  of •. 

18 — ,  alleging  settlement  the  day  of ,18 — ,  for  the section  No.  ,  in  township  No. ,  or 

range  No. ,  to  homestead  entry  original  No. ,  district  of  lands  subject  to  entry  at ,  under  the  acts 

of  Congress  approved  March  3,  1877,  and  May  27,  1878,  do  solemnly  swear  that  I  have  never  had  the  benefit  of 
any  right  of  praempaon  under  section  2259  of  the  Revised  Statutes  of  the  United  States  ;  that  I  have  not  hereto- 
fore filed  a  prt-e .Tip lion  di;c!aratory  statement  for  another  tract  of  land  ;  that  I  was  not  the  owner  of  three  hun- 
dred and  twenty  acr.is  of  land  in  any  State  or  Territory  of  the  United  States  at  any  time  during  the  above-men- 
tioned period  ol  setJement  under  the  pre-emption  statutes  ;  that  I  did  not  remove  from  my  own  land  within  the 

State  of to  make  the  settlement  above  referred  to  ;  nor  have  I  settled  upon  and  improved  said  land  to  sell 

the  same  on  speculation,  but  in  good  faith  to  appropriate  it  to  my  exclusive  use  or  benefit ;  and  that  I  did  not, 
during  the  period  of  pre-emption  settlement  above  mentioned,  directly  or  indirectly,  make  any  agieement  or 
contract,  in  any  way  or  manner,  with  any  person  or  persons  whatsoever,  by  which  the  title  which  I  might  acquire 
from  the  Government  of  the  United  Sutes  would  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  excepi 
myself. 


to  before  me  this day  of 


of  the  Land  OflBce ,  do  hereby  certify  that  the  above  affidavit  was  subscribed  and  sworn 


A  person  in  possession  of  a  valid  pre-emption  claim  may  at  any  time  commute  it  to  a  home- 
stead, and  in  so  doing  his  right  will  relate  back  to  the  date  of  his  settlement,  to  the  exclu- 
sion of  intervening  adverse  claims(») 

Where  a  party  did  not  change  his  pre-emption  filing  to  a  homestead  entry,  but  voluntarily 
relinquished  the  same  and  made  timber  culture  entry  subsequent  to  the  relinquishment  of  his 
pre-emption  right,  the  claimant  cannot  be  allowed  the  benefits  of  the  act  of  May  27,  1878,  in^ 
computing  the  five  years'  residence  required  from  the  date  of  settlement,  as  alleged  in  his  re- 
linquished pre-emption  filing^*). 

The  right  to  transmute  a  pre-emption  filing  to  a  homestead  entry  is  one  belonging  only  to  the 
party  making  the  filing.  Even  in  her  ^wn  name,  acting  independently  of  the  pre-emption  filing 
of  her  husband,  a  widow  should  not  be  allowed  to  make  a  homestead  on  land  embraced  in  said 
filing,  until  it  shall  appear  satisfactorily  that  the  heirs  do  not  intend  to  prove  up. 

A  widow  cannot  be  considered  an  heir  unless  declared  such  by  special  law  of  the  StateC). 

Where  applications  to  transmute  from  pre-emption  filings  to  homestead  entries,  though  made 
prior  to  March  3,  1877,  are  not  acted  upon  until  after  the  approval  of  this  act,  such  act  is  held 
to  apply,  and  the  time  during  which  the  parties  complied  with  the  pre-emption  laws  is  applied 
•n  the  homestead  entry  (*).     The  act  of  May  27,  1878,  is  retroactive  in  such  cases. 

There  is  nothing  in  the  law  of  March  3,  1877,  authorizing  the  pre-emptor  to  change  his  filing 
to  a  homestead  entry  with  credit  for  the  time  he  has  resided  on  the  land  claimed,  which  re- 
quires his  personal  attendance  at  the  local  office  (•),  This  also  applies  to  the  act  of  May  27, 
1878. 

An  application  to  transmute  a  pre-emption  filing  to  a  timber  culture  entry  cannot  be  al- 
io wed(f). 

A  qualified  party  may  transmute  his  pre-emption  filing  to  a  homestead  entry,  as  to  the  land 
not  in  dispute ;  and  where,  as  in  this  case,  both  parties  settled  prior  to  survey  and  have  valuable 
improvements  on  one  legal  subdivision  or  lot,  such  lot  may  be  entered  jointly(K) 

LATE   RULINGS   UNDER   THE   PRE-EMPTION    LAWS. 

The  "  three  months  "  time  required  within  which  pre-emption  filings  on  unoffered  land  may 
be  made,  is  three  calendar  months,  not  ninety  daysi^^. 

The  fact  that  a  party  kne-w  his  first  filing  to  have  been  invalid  can  make  no  difference.  To 
exhaust  his  pre-emption  right  his  first  filing  must  have  been  valid.  One  whose  first  filing  was 
invalid  for  any  reason  can  make  a  second  filing  entirely  distinct  from  the  first,  which  could 
neither  give,  nor  take  from  him,  any  rights{'). 

In  the  absence  of  adverse  rights,  a  party  may  file  a  second  declaratory  statement  for  the  same 
tacts  (J). 

(»)  Ross  vs.  Sinclair,  Copp's  Public  Land  Laws,  p.  318.  (b)  E.  L.  Crandall,  Land  Owner,  Vol.  5,  p.  180. 

(«)  Sarah  E.  Cowen,  Land  Owner,  Vol.  5,  p.  167.  (^^)  Chase  z/j.  Buron,«  al..  Land  Oww^r,  Vol.  4,  p.  8^ 

(«)  J.  T.  Farley,  Lajid  Owner,  Vol.  5,  p.  7.  (f)  I.  G.  Beam,  Land  Owner,  Vol.  3,  p.  179. 

(f)  Yeackle  vs.  Hart,  Land  Owner,  Vol.  6,  p.  108.  C")  Coad  vs.  Fitch,  Land  Oivner,  Vol.  6,  p.  173. 

(1)  French  vs  Tatro,  Land  Onmer,  Vol.  8,  p.  150.  (j)  W.  L.  Phelps,  Z^nd  Owner,  Vol.  8,  p.  139. 


76  THE  AMERICAN  SETTLER'S  GUIDE. 

A  pre-emptor  cannot  make  a  second  filing  on  the  same  tract  of  land.  Reverses  Phelps  de- 
cision on  previous  page(*). 

Existing  entries  are  a  bar  to  other  entries  or  filings  not  based  upon  prior  settlement^*). 

A  pre-emption  filing  is  no  bar  to  a  subsequent  filing  or  other  entry  by  another  person  of  the 
same  tract. 

In  the  absence  of  an  adverse  claim  of  record,  a  pre-emption  settler  upon  unoffered  land  may 
afisr  an  absence,  return  to  the  land,  and,  if  good  faith  is  shown,  make  entry  thereof. 

A  stranger  to  the  record  cannot  contest  an  unexpired  pre-emption  filing(<'). 

The  filing  of  a  declaratory  statement  does  not  constitute  a  location  or  entry (*). 

Disposal  means  alienation  of  title.  A  pre-emption  filing  may  be  received  for  land  claimed 
as  swamp  and  overflowed  (®). 

A  contest  against  a  pre-emption  filing  is  not  recognized,  and  no  preferred  right  is  conferred 
by  the  Act  of  May  14,  1880,  for  procuring  the  cancellation  of  a  filing.('). 

Between  two  pre-emption  claimants,  both  in  default  as  respects  filing,  the  one  who  first  gives 
notice  of  his  claim  makes  the  entry («). 

Where  abandonment  is  proved  as  a  result  of  contest,  the  filing  of  the  party  in  default  should 
be  canceled  as  to  his  entire  claim,  and  not  merely  to  the  part  in  controversy(**). 

Where  the  government  alone  is^  concerned,  the  land  laws  will  be  liberally  construed,  but 
where  adverse  rights  are  involved,  strict  construction  of  the  statute  will  be  maintained. 

A  pre-emption  filing  made  prior  to  the  date  of  alleged  settlement,  is  not  in  accordance  with 
the  pre-emption  law('). 

Where  the  pre-emptor's  affidavit  is  taken  before  the  clerk  of  a  court  of  record,  a  reasonable 
time  for  transmission  thereof  should  be  allowed  prior  to  entry  (J). 

The  affidavit  may  be  sworn  to  before  the  Probate  Judge  if  he  is  ex  officio  clerk  of  his  own 
court.     A  statement  to  that  effect  should  follow  his  signature  to  the  jurat.{^). 

The  fact  that  the  declaratory  statement  of  a  pre-emption  settler,  although  received  by  the 
local  officers  within  the  prescribed  time,  is  not  recorded  by  them  until  the  expiration  of  thirty 
days  does  not  invalidate  his  claim,  the  proof  of  receipt  being  sufficient. 

The  fact  that  a  settler  under  the  pre-emption  law  inadvertently  built  his  house  one  hundred 
feet  from  his  claim,  is  not  an  evidence  of  bad  faith,  if  he,  upon  discovering  his  mistake,  erects 
a  dwelling  within  the  boundaries  of  his  claim('). 

Pre-emption  filings  may  be  relinquished  by  the  claimants,  in  writing,  filed  with  the  register 
and  receiver  of  the  proper  district  land  office,  or  the  relinquishment  may  be  executed  by  the 
claimant  on  the  back  of  the  declaratory -statement  receipt  (""j. 

A  pre-emption  settler  has  the  legal  right  to  relinquish  his  entry  without  the  consent  or  sig- 
nature of  his  wifeC*). 

Where  lands  are  in  the  actual  possession  of  a  party,  who  has  settled  upon,  improved  and 
fenced  the  same,  no  right  thereto  can  be  acquired  under  the  pre-emption  laws  by  another  who 
takes  forcible  possession. 

Where  the  lands  are  not  inclosed  by  a  fence,  and  the  first  settler  is  disqualified,  or  has  taken 
no  lawful  steps  to  acquire  title,  a  subsequent  settler,  who  enters  without  force  or  intrusion 
upon  the  actual  possession  of  the  former,  is  not  a  tresspasser  qu.  cL,  and  may  acquire  title  to 
the  lands  under  the  pre-emption  law(o). 

A  pie-emptor  must  have  all  necessary  qualifications  at  date  of  settlement(P). 

(«)  J.  B.  Raymond,  LMnd  Owner,  Vol.  10,  p.  395.  (i)  Hull  vs.  Hawkins,  Land  Owner,  Vol.  6,  p.  191. 

(t)  Ernst  Trelut,  Land  Owner,  Vol.  10,  p.  333.  (J)  Calvin  Hawkins,  Land  Owner,  Vol.  8.  p.  93. 

(«)  Milan  vs.  Favrow,  Land  Owner,  Vol.  8,  p.  93.  (t)  C.  M.  Bird,  Land  Owner,  Vol.  10,  p.  105. 

i^)  G.  H.  Gardner,  Land  Owner,  Vol.  9,  p.  195.  (i)  Austrian  vs.  Hogan,  Land  Owner,  Vol.  6,  p.  172. 

(«)  Arant  vs.  State  of  Oregon,  Land  Owner,  Vol.  10,  (">)  General  Land  Office  Circular,  March  1, 1884,  p.  9. 

p.  135-  •    .  (")  Rebecca  J.  Delong,  La7id  Owner,  Vol.  7,  p.  38. 

<*)  Field  vs   Black  Land  Owner,  Vol.  10,  p.  195.  (»)  Brown  vs.  Quinlan,  Land  Owner,  Vol.  10,  p:  7. 

(b)  Herbert  vs.  Reed,  Land  Owner,  Vol.  9,  p.  9  ^^p)  McMurdie  vs.  Central  P.  R.  R.  Co.,  Land  Owner, 
C";  Lynch  vs.  Mcrrifield,  Land  Owner,  Vol.  10,  p.  Vol.  8,  p.  36. 

379- 


THE  AMERICAN  SETTLER'S  GUIDE.  T7 

The  inhibition  of  the  pre-emption  law,  that  a  person  shall  not  remove  from  his  own  land  in 
the  same  state  or  tenitory  to  reside  on  the  public  land,  applies  to  a  person  who  removes  from 

tract  of  forty  acres  located  within  the  limits  of  a  town,  and  the  former  ruling  of  the  office, 
egarding  the  removal  from  a  toM'n  lot,  to  that  extent  is  modified. 

Parties  of  record  who  failed  to  appear  at  the  hearing  after  due  notice,  decided  to  have  for- 
feited their  rights(*). 

A  minor,  if  single,  cannot  legally  file  as  a  pre-emptorC*). 

A  filing  and  settlement  before  declaration  of  citizenship  are  of  no  legal  effect.  But  where 
no  adverse  claim  intervenes  prior  to  declaration  of  citizenship  and  a  subsequent  settlement  the 
original  filing  should  not  be  canceled(*'). 

An  alien  can  claim  nothing  by  a  settlement  prior  to  his  declaration  to  become  a  citizen(<*). 

The  naturalization  of  a  widow  by  marriage  to  a  citizen  naturalizes  her  minor  children,, 
though  of  alien  parentage  (**). 

Where  a  pre-emptor  is  imprisoned,  his  wife  must  strictly  comply  with  the  law(^). 

A  divorced  woman  cannot  claim  settlement  as  a  feme  sole  during  coveture,  and  it  cannot 
date  back  prior  to  divorce(s). 

Where  a  party  has  paid  for  land,  though  no  deed  has  passed,  he  is  the  owner  of  such  land, 
and  cannot  remove  therefrom  to  become  a  pre-emptor  of  public  land^*). 

A  person  who  owns  lands  in  trust  for  others  is  not  thereby  disqualified  as  a  pre-emptor(*). 

The  tenant  of  a  railroad  company  canpot  base  a  pre-emption  or  homestead  claim  upon  occu- 
pancy of  land  included  in  the  railroad  right  of  way(J). 

A  party  is  proprietor  of  land  who  has  the  legal  title(^). 

After  the  expiration  of  a  declaratory  statement,  there  is  no  legal  settlement,  because  there 
is  no  application.  The  pre-emptor's  right  to  reserve  the  land  or  that  of  any  one  claiming 
through  him,  is  forfeited  to  the  first  legal  applicant,  by  the  failure  to  pay  for  it('). 

A  pre-emptor  intending  at  settlement  to  take  a  quarter-section  can  claim  the  whole  by  per- 
orming  acts  of  settlement  upon  one  8o-acre  tract  while  the  other  is  enclosed  and  cultivated 
Dy  another  person(™). 

A  pre-emptor  must  do  some  act  to  connect  himself  with  the  tiacts  claimed.  Mere  intention 
is  not  sufficient.  The  unauthorized  enclosure  of  several  hundred  acres,  including  such  tracts, 
is  not  the  inception  of  a  pre-emption  right.  (°) 

Settlement  is  the  sole  basis  of  the  pre-emption  right.  Land  not  included  in  the  settlement 
cannot  be  embraced  in  the  claim.  A  declaratory  statement  is  the  declaration  of  an  intention 
to  claim,  and  not  the  claim  itself.  A  declaratory  statement  not  based  on  settlement  is  void. 
Land  riot  reduced  to  possession  is  open  to  other  settlers(**). 

Settlement  is  a  personal  act,  and  can  date  only  from  the  time  the  party  went  upon  the  land. 
The  purchase  of  a  prior  settler's  improvements  does  not  transfer  the  vendor's  date  of  settle 
ment(P). 

For  other  rulings  on  settlement,  see  late  rulings  under  the  homestead  laws. 

A  formal  deed  is  not  necessary  for  the  conveyance  of  improvements  on  public  land,  but 
that  a  verbal  sale  followed  by  possession  and  consent  is  sufficient. 

In  determining  good  faith,  it  is  immaterial  whether  a  person  purchases  valuable  improve- 
ments already  on  the  land,  or  whether  he  makes  them  after  his  settlement(*i). 

(•)  White  vs.  Warren,  Land  Owner,  Vol.  7,  p.  164.  (k)  State  of  California  w.  Dougherty,  Land  Owner ^ 
(*)  French  vs.  Tatro,  Land  Owner,  Vol.  8,  p.  159.  Vol.  9,  p.  168. 

(«)  Kelly  vs.  Quast,  Land  Owner,  Vol.  10,  p.  257.  Q)  Alice  Gillespie,  Land  Owner,  Vol.  11,  p.  73. 

(d)  Hart  vs.  Guiras,  Land  Oivner,  Vol.  10,  p.  326.  (™)  Haven  vs.  Hawes,  Land  Owner,  Wol.  10,  p.  200. 

(«)  Herman  Boedecker,  Land  Owner,  Vol.  9,  p.  213.  (")  Kessel  vs.  Spielman,  Land  Owner,  Vol.  10,  p.  d. 

O  Bates  vs.  Reed,  Land  Owner,  Vol.  9,  p.  8.  (0)  Slate  vs.  Dorr,  Land  Owner,  Vol.  10,  p.  312. 

(t)  L^rsen  vs.  Pechierer,  Land  Owner,  Vol.  9,  p.  97.  (p)  Knight  vs.  Haucke,  Land  Owner,  Vol,  10,  p.  281, 

(*)  Ware  vs.  Bishop,  Land  Owner,  Vol.  10,  p.  295.  (q)  Gaberel  vs.  Giierne,  Land  0-Ufntr,  Vol.  7,  p.  37. 
0  James  Aiken,  Land  Owner,  Vol.  9,  p.  76. 
(J)  Gardner  vs.  Snowden,  Land  Oumer,  Vol.  10,  p. 
173- 


78  THE  AMERICAN  SETTLER'S  GUIDE. 

All  pre-emptors  on  public  land  withdrawn  for  railroads  should  file  and  make  proof  as  in 
other  cases,  but  a  failure  to  so  comply  within  the  required  time  works  no  forfeiture  in  the  ab- 
sence of  another  settler  on  the  same  tract(*). 

A  pre-emptor  is  not  forbidden  to  settle  on  lands  that  are  likely  to  become  centres  of  popu- 
lation, or  near  a  town  or  village (•»). 

A  settlement  upon  land  occupied  and  improved  by  another,  is  mere  naked  intrusion,  and  in 
such  a  wrongful  attempt  to  seize  the  fruits  of  another's  labor,  there  can  be  no  bona  fide  claim 
of  right,  whatever. 

H.  entered  into  an  agreement  with  a  railroad  company  to  purchase  a  certain  tract,  on  cer- 
tain conditions,  obligatmg  himself  that,  until  full  payment  of  purchase  money,  he  would  per- 
mit no  waste  to  be  made,  or  wood  to  be  cut,  etc.,  etc.;  the  conditions  were  met,  and  deeds  of 
conveyance  delivered  by  the  company  to  one  M.,  to  whom  H.  was  indebted,  and  who  held  a 
mortgage  on  the  land.  An  agreement  of  sale  was  effected  between  H.  and  M.,  which  was 
subsequently  consummated,  when  H.  conveyed  by  deed  absolute  all  his  ri^ht,  etc.,  to  the  land. 
On  the  same  day,  M.  executed  a  lease  to  H.  for  the  term  of  one  year,  conditioned  that  H.  or 
his  assigns  might,  at  any  time  during  the  continuance  of  the  lease,  purchase  the  land  for  a 
stated  sum. 

Held,  That,  even  though  the  re-purchasing  clause  in  the  lease  creates  a  defeasance  in  the 
deed,  and  that  considered  in  the  same  connection  constitutes  nothing  more  than  a  mortgage,  it 
does  not  disqualify  H.  as  a  pre-emptor,  for  the  mortgagee  is  the  owner,  and  the  disqualifying 
clause  in  the  pre-emption  law  refers  directly  to  the  ownership  of  land  by  the  pre-emptor(*'). 

Acts  of  settlement  performed  while  the  land  is  embraced  in  a  homestead  entry  g^ve  a  claim- 
ant no  legal  status.  After  cancellation  of  the  homestead  entry,  the  rights  of  two  pre-emptors 
must  be  determined  by  their  settlement  and  not  by  their  residence.  The  first  bona  fide  settler 
takes  the  land  in  dispute,  if  followed  within  a  reasonable  time  by  his  residence  thereon(<'). 

A  pre-emption  right  is  not  a  vested  right  against  the  United  States,  but  is  simply  a  prefer 
ence  right  among  settlers,  should  the  government  sell  the  land  involved.  Not  until  entry  and 
payment  have  been  made  does  the  pre-emptor  acquire  a  vested  right.  The  preference  right 
may  be  waived  or  lost(^). 

The  purchase  of  a  dwelling  by  a  pre-emptor  is  the  same  as  the  erection  of  one.  The  pur- 
chase of  improvements  is  evidence  of  good  faith  when  followed  up  by  inhabitancy  after('). 

A  pre-emption  claimant  at  time  of  making  final  proof  could  not  establish  a  valid  claim  foi 
a  quarter-section  or  any  part  thereof,  unless  his  dwelling-house,  his  actual  residence,  was  on 
some  part  of  that  quarter-section («). 

A  bona  fide  pre-emption  claim  should  not  be  rejected  because  the  claimant's  house  was  by 
mistake  beyond  the  boundaiy  lines(^). 

The  statute  requires  inhabitancy  on  the  land  pre-empted,  and  this  means  actual  residence  or 
a  home('). 

Intentions  are  not  the  equivalent  of  actual  residence  and  improvements ;  but  continuous 
compliance  with  all  the  requirements  of  the  pre-emption  law  is  essential,  and  failure  therein 
will  not  be  overlooked  except  under  urgent  circumstances,  and  for  controlling  reasons (J). 

All  absences  which  do  not  impeach  a  pre-emptor's  good  faith  are  permissible.  He  who 
sleeps  on  his  claim  in  a  pen  or  in  the  open  air,  intending  to  erect  a  habitable  dwelling  as  soon 
as  his  means  or  occupation  permits,  maintains  a  satisfactory  residence^). 

"Where  the  acts  of  settlement  performed  by  a  pre-emptor  are  of  a  character  to  evidence  his 
good  faith,  continuous  residence  on  the  land  is  not  essential  (^).       • 

(»)  Central  P.  R.  R.  Co.  vs.  Bzker,  Land  Owner,  (*)  Cr^^m  vs.  ^&\h^.rg,  Land  Owner,  Vol.  lo,  p.  168 

Vol.  9,  p.  82.  (g)  Hannah  vs.  Gerard,  Land  Owner,  Vol.  10,  p.  229. 

(l>)  Plummer  vs.  Jackman,  Land  Owner,  Vol.  10,  p.  (•>)  Arnold  vs.  Langley,  Land  Owner,  Vol.  9,  p.  76. 

71.  (1)  Boyse  vs.  Goss,  Land  Owner,  Vol.  8,  p.  159. 

(•)  Hannum  vs.  Linton,  Land  Ozvner,  Vol.  6,  p.  173.  (J)  Carlands/j.  Flanagan,  LattdOtvner,  Vol.  10,  p.  40 

(^)  McAvinny  vs.  McNamara,  Land  Owner,  Vol.  10,  (*)  Goodnight  z/j.  Anderson,  Landfiwner,  Vol.  11,  p 
P-  274.  39- 

(•)  Rosanna  Kennedy,  Land  Owner,  Vol.  10,  p.  152.  (l)  G.  J.  Roskruge,  Land  Owner,  Vol.  10,  p.  363. 


THE  AMERICAN  SETTLER'S  GUIDE.  7» 

A  pre-einptor  is  not  prohibited  from  carrying  on  business  elsewhere  than  on  the  land,  pro- 
vided his  actual  residence  is  thereon'(*). 

The  rights  of  a  pre-emption  settler  who  was  compelled  to  leave  and  be  absent  from  his 
claim  on  account  of  Indian  hostilities  should  be  protected C*). 

Party  cannot  reside  on  a  pre-emption  and  a  homestead  claim  at  the  same  time(''). 

The  claim  of  a  pre-emptor  is  not  rendered  invalid  by  his  allowing  another  to  live  with  him, 
and  work  the  crops  for  him,  with  an  equal  interest  in  same,  provided  the  settlement  was  made 
for  the  purpose  of  acquiring  title  for  his  own  use  and  benefitC*). 

The  rule  of  the  General  Land  Office,  requiring  six  months'  residence  prior  to  entry,  as  an 
evidence  of  good  faith  on  the  part  of  the  pre-emptor,  should  not  be  applied  to  every  case  in- 
discriminately,  especially  where  the  character  and  amount  of  improvements  on  a  tract  are 
such  as  are  ordinarily  made  in  six  months ;  and  where  the  settler  has  acted  in  good  faith,  and 
from  the  action  of  the  local  land  officers  in  accepting  proof  and  payment  for  the  land,  they 
knowing  that  there  had  not  been  residence  of  six  months,  he  reasonably  concludes  that  his 
action  has  been  according  to  law  and  instruction (*). 

Two  months'  residence  upon  a  pre-emption  claim  is  not  sufficient  to  entitle  a  claimant  to 
make  entry.     The  rule  requires  at  least  six  months'  continuous  residence. 

A  claimant  cannot  set  up  his  imprisonment  for  a  crime  as  an  excuse  for  failure  to  comply 
"with  the  requirements  of  the  law. 

Lawful  imprisonment  is  not  legal  duress. 

A  claimant  lawfully  confined  in  the  penitentiary  for  life  is  civilly  dead,  and  incapable  of 
perfecting  a  claim  to  public  land  under  the  pre-emption  law. 

A  homestead  entry,  commuted  from  a  second  and  therefore  illegal  pre-emption  declaratory 
statement,  is  not  itself  invalid,  but  may  under  some  circumstances  date  from  the  time  it  was 
made(^). 

Occupation  and  use  of  land  for  purposes  other  than  cultivation,  do  not  constitute  a  pre- 
emption claim  (s). 

Actual  crops  are  not  necessary  to  the  cultivation  of  land.  Clearing  timber,  in  this  case,  is 
sufficientC*). 

Proof,  Payment  and  Contest. 

A  mortgage  given  by  a  pre-emptor  as  security  for  money  loaned  him  with  which  to  pay  the 
Government  price  for  the  land  filed  upon,  is  not  an  alienation  of  the  land,  nor  an  agreement 
prohibited  by  the  law('). 

A  mortgage  in  Nebraska  does  not  convey  the  legal  title (-f). 

A  mortgage  of  land  filed  upon  by  a  pre-emptor,  and  outstanding  at  date  of  entry,  does  not 
defeat  his  rightC^). 

A  pre-emptor  has  the  right  to  make  proof  and  payment  after  the  expiration  of  the  prescribed 
time  unless  a  valid  adverse  claim  has  intervened.  Public  notice  is  the  initiation  of  final  pro- 
ceedings('). 

A  pre-emptor  who  fails  to  make  final  proof  within  the  time  prescribed  by  law,  loses  his 
right  to  do  so  after  a  valid  advei-se  timber  culture  claim  intervenes('"). 

Other  claimants  who  allege  bad  faith  in  the  initiation  of  a  prior  pre-emption  claim  may 
cite  such  pre-emptor  to  a  hearing,  though  the  pre-emptor  cannot  cite  them  to  a  hearing  previ- 
ous to  make  final  proof  and  payment(°). 

(»)  Henry  Buchman,  Land  Owner,  Vol.  ip,  p.  355.  (•»)  John  E.  Tyrl,  Land  O-wner,  Vol.  11,  p.  147. 

(*)  Peterson  vs.  Amoux,  Land  Owner,  Vol.  11,  p.  74.  (')  Clark  vs.  Gray,  Land  Owner,  Vol.  11,  p.  40. 

(«)  Rufus  McConliss,  Land  Owner,  Vol.  10,  p.  41.  (J)  Owings  vs.  Lechtenberger,  Land  Oiuner,  Vol.  9, 

(d)  Marleyhan  vs.  Cal.  and  Oregon  R.  R.  Co.,  Land  p.  197. 

Owner,  Vol.  7,  p.  67.  (k)  Larson  vs.  Weisbecker,  Land  Owner, "VoX.  9,  p.  60. 

(•)  Conlin  vs.  Yarwood,  Land  Owner,  Vol.  7,  p.  118.  ("')  Michael  Maloney,  Land  Owner,  Vol.  8,  p.  74. 

(0  Wood  vs.  Porter,  Land  Owner,  Vol.  7,  p.  84.  (™)  Lunney  vs.  Darnell,  Land  Owti^r,Yol.  10,  p.  231. 

(k)  South;  P.  R.  R.  Co.  vs.  Newton,  Land  Owner,  (»)  Manderfield  vs.  Alderson,  LandOwner,  Vol.  10,  p 

Vol.  8,  p.  37.                              •  166 


80  THE  AMERICAN  SETTLER'S  GUIDE. 

Where  a  pre-emptor  fails  to  assert  his  claim  within  the  legal  period,  though  his  filing  is  still 
uncanceled,  it  is  error  to  order  a  hearing  when  an  entry  of  the  same  land  is  made  thereafter. 

Where  the  pre-emptor,  after  such  hearing,  files  a  relinquishment,  he  cannot  have  his  rights 
einstated  on  the  ground  that  the  adverse  party  has  failed  to  pay  money  due  on  account  of 
uch  relinquishment (*). 

Parties  who  purchase  of  pre-emptors  before  patent  can  not  maintain  the  position  of  bona  fide 
purchaser,  as  they  purchase  only  an  equity.  They  take  only  such  title  as  the  vendees  of  the 
Government  had,  and  purchase  subject  to  the  action  of  the  Land  Department  upon  the  entries, 
either  in  confirming  or  canceling  them. 

Such  purchasers  may  be  heard  ex  rel.,  to  maintain  the  validity  of  the  entries  embracing  the 
lands  purchased,  but  for  no  other  purpose. 

Patents  should  not  issue  to  assignees  in  any  cases  except  where  the  right  of  assignees  to  take 
patents  in  their  own  names  is  recognized  by  express  statutoiy  provisionsC*). 

The  purchaser  from  a  pre-emptor  has  no  standing  before  the  Land  Department.  If  patent 
issues,  it  issues  to  the  pre-emptor,  though  it  may  inure  to  the  purchaser's  benefit. 

Section  2262  R.  S.  refers  to  sales  before,  not  after,  entry — and  the  clause  protecting  inno- 
cent purchasers  has  reference  to  the  effect  of  the  conveyance  as  between  grantor  and  grantee, 
and  not  to  its  effect  as  between  either  party  and  the  government^) 

(•)  Schmitt.vs.'KTi?Lui,  Land  Owner,  Vol.  10,  p.  193.     (•)  CharIemagneTower,Za«rfC«/«^r,  Vol.  io,p.ag7, 
0")  Whitaker  vs.  South  P.  R.  R.  Co.,  Land  Owner, 
Vol.  7,  p.  8^;. 


CHAPTER    V. 

TIMBER  CULTURE. 

Tlie  object  of  the  timber  culture  law  is  to  promote  the  growth  of  timber  by  providing  a 
method  of  acquiring  title  to  public  lands  on  condition  that  timber  shall  be  grown  thereon  to  an 
extent  and  for  a  period  of  time  therein  specified.  The  wisdom  of  this  law  is  seen  in  the 
iocreased  annual  rainfall  in  regions  heretofore  subject  to  frequent  droughts. 

a.   WHO   M.\Y   APPLY   AND   FOR   WHAT    KIND   OF   LAND. 

Any  person  who  is  the  head  of  a  family,  or  who  has  arrived  at  the  age  of  tweniy-one  years, 
«nd  is  a  citizen  of  the  United  States,  or  who  has  filed  his  declaration  of  intention  to  become 
such,  as  required  by  the  naturalization  laws  of  the  United  States,  may  make  a  timber  culture 
entry  without  regard  to  how  much  land  he  already  owns. 

A  single  woman,  duly  qualified,  who  has  made  an  entry  under  the  timber  culture  act,  and 
wbsequently  marries,  is  not  thereby  debarred  from  acquiring  title  to  the  land(*). 

Registers  and  Receivers,  and  their  clerks  and  employees,  and  all  persons  intimately  or  confi- 

Mitially  connected  with  such  officers  or  employees,  are  prohibitetl  from  making  entries  of  the 
^blic  lands  at  the  offices  with  which  they  are  connected  (*). 

Not  more  than  one  hundred  and  sixty  acres  in  any  one  section  can  be  entered,  and  no  person 
can  make  more  than  one  entry. 

The  rulings  of  the  General  Laud  Office  restricting  entries  U5ider  the  timber  culture  laws  to 
"  technical  quarter  sections,"  have  been  so  far  modified  as  to  permit  entries  of  part<;  of  a  section 
in  a  compact  body,  not  to  exceed  one  hundred  and  sixty  acres(»). 

A  few  scattering  willows  and  stumps  will  not  ciiaractcrize  land  as  timber  within  ihe  mearang 
&f  the  dmber  culture  actC*). 

A  few  ti^ees  or  bushes  do  npt  characterize  the  land  upon  which  they  are  found,  as  timber  land 
within  the  meaning  of  the  statute!*). 

Land  through  which  passes  a  stream  of  water,  upon  the  banks  of  which  is  a  growth  of  "scrub* 
drnber,  is  subject  to  entry  under  the  timber  culture  laws('). 

An  eighty  acre  tract  upon  which  trees  are  growing,  many  of  them  jnore  tJian  five  inches  in 
4iameter,  is  not  subject  to  entr}-^  under  the  timber  culture  laws(8). 

\Vliere  a  party  applies  to  enter  under  the  timber  culti'ire  laws,  land  which  appears  upon  the 
tewnship  plat  as  already  timbererl,  and  is  informed  that  he  must  disprove  such  apparent  charac- 
ter, this  application  reserves  the  mentioned  tracts  for  a  reasonable  time  from  further  disposition 
to  any  odier  claimantC*). 

Land  covered  by  an  invalid  State  selefction  may  be  entered  under  the  provisions  of  the 
timber  culture  act  if  otherwise  subject  thereto('). 

Prairie  lands,  or  lands  not  prairie  but  naturally  devoid  of  timber,  are  subjectto  the  operation 
0/  the  timber  culture  laws(l). 


(»)G.  M.  King,   Land  Owner,  Vol.  2,  p.  ::!9. 

(*»;  State  of  Nebraska  ts.  Dorrington  et  .U.,  Latti  Ou-ncr,  Vol.  3,  p.  122. 

(«)  Frederick  Rrau,  Land  O-nmer,  Vol  3.  p.  17'.!.  (f)  Adam  Windolph,  Land  Ownrr,  Vol.  i,  p.  93. 

(•)  W.  E.  Fosnat,  Copp's  Public  Land  Laws,  p.  653. 

<')  Lampson  vs.  Dunham,  Copp's  Public  Land  Laws,  p.  655. 

^)  Linden  z/s.  Gray,  Land  Oumer,  Vol.  3,  p.  181.        (h)  Lamb  vs.  Reeser,  L»7^d  Oumtr,  Vol.  3,  p.  73. 

(1)  State  of  Nebraska  vs.  Dorrin^on  et  al..  Land  Chwtfr,  Vol,  3,  p.  122. 

tJ)  L»ire  and  Porter,  Land  Owner,  VoL  3,  p.  71. 

6  ,>;, 


83  THE  AMERICAN   SETTLER'S   GUIDE. 

b.   APPLICATION,   ENTRY  AND   PROOF. 

The  application  to  enter  is  in  the  following  form  : 
Applic\ti:>n  No. . 

^'  ~ r',^5=''f!?y  -''PP'y  *o  «n'er,  under  the  provisions  of  the  act  of  Tune  14,  1878,  entitled  "An  Act  W 

amend  an  act  entitled  'An  Act  to  encourage  the  growth  of  timber  on  the  Western  Prairies  '  "  the  of 

section  ■——.  in  tOWnshio  .of  ranee  rnntninlntr  'j/-r»c  ' 


in  township ,  of  range •.,  containing acres. 


Land  Office  at 


.  i',:"~7~".  "7 '  R=S'Stcr  of  the  land  office,  do  hereby  certify  that  the  above  application  is  for  the  class  of 

tonus  which  the  applicant  is  legallv  entitled  to  enter  under  the  provisions  of  the  timber  culture  act  of  Tune  14 
1878;  that  there  IS  no  prior  valid  adverse  right  to  the  same,  and  that  the  land  therein  described,  together  witb 
the  lands  heretofore  entered  under  this  act  and  the  acts  of  which  this  is  amendatory  in  the  said  section,  does  not 
exceed  one-quarter  thereof.  ,    «     u»j» 

,  RegisUr. 

This  must  be  accompanied  by  the  following  affidavit,  which  may  be  made  before  the  Register 

or  the  Receiver,  or  the  clerk  of  some  court  of  record,  or  officer  authorized  to  administer  oaths, 

actually  within  the  district  where  the  land  is  situated. 

AFFIDAVIT. 

Land  Office  at , 

{Date) ,  i8— 

I» .  having  filed  my  application  No. ,  for  an  entry  under  the  provisions  of  a«  act  entitled 

"An  Act  to  amend  an  act  entitled  'An  Act  to  encourage  the  growth  of  timber  on  the  Western  Prairies,'"  ap- 
proved June  14,  1878,  do  solemnly that  I  am  the  head  of  a  family  [or  over  twenty-one  years  of  age],  and 

a  citizen  of  the  United  States  [or  have  declared  my  intention  to  become  such] ;  that  the  section  of  land  specified 
in  my  said  application  is  composed  exclusively  of  prairie  lands,  or  other  lands  devoid  of  timber;  that  this  filing 
andenlrj'  is  made  for  the  cultivation  of  timber,  and  for  my  own  exclusive  use  and  benefit;  that  I  have  made  the 
•aid  application  in  good  faith,  and  not  for  the  purpose  of  speculation,  or  direcdy  or  indirectly  for  the  use  or 
benefit  of  any  other  person  or  persons  whomsoever  ;  that  I  intend  to  hold  and  cultivate  the  land,  and  to  fully 
comply  with  the  provisions  of  this  said  act;  and  that  I  have  not  heretofore  made  an  entry  under  this  act,  or  the 
acts  of  which  this  is  amendatory. 

Sworn  to  and  subscribed  before  me  this       — ■'-  day  of ,  i8 — . 


Whereupon  the  Receiver  will  issue  his  receipt  for  the  money  received  by  him,  givmg  tlie  ^ 
plicant  a  duplicate  thereof; 

Receiver's  Receipt,  >  f  Application, 

No. .  /  \     No. . 

Receiver's  Office , 

{Date) .  18—. 

Received  of the  sum  of dollars cents,  being  the  amount  of  fee  and  compensation  of 

Register  and  Receiver  for  the  entry  of of  section ,  in  township ,  of  range ,  under  the  first  sec- 
tion of  the  act  of  Congress  approved  June  14,  1878,  entitled,  "An  Act  to  amend  an  act  entitled  'An  Act  to  en- 
courage the  growth  of  timber  on  the  Western  Prairies.'  '' 

% .  ,  Receiver. 

The  fees  for  entries  are  $10  if  the  tract  applied  for  is  more  than  eighty  acres ;  and  ^5  if  it  is 
eighty  acres  or  less ;  and  the  commissions  of  Registers  and  Receivers  on  all  entries  (irrespective 
of  area)  are  $4  ($2  to  each)  at  the  date  of  entry,  and  a  like  sum  at  the  date  of  firial  proof. 

No  distinction  is  made,  as  to  area  or  the  amount  of  fee  and  commissions,  between  minimum 
and  double-minimum  lands.  A  party  may  enter  one  hundred  and  sixty  acres  of  either  on  pay- 
ment of  the  prescribed  fee  and  commissions. 

Entries  may  be  made  of  subdivisions  of  different  quarters  of  the  same  section ;  provided  tliat 
each  entry  shall  form  a  compact  body,  not  exceeding  one  hundred  and  sixty  acres,  and  that  not 
more  than  that  quantity  sliall  be  entered  in  any  one  section. 

The  fifth  section  of  the  act  approved  March  3,  1857,  entitled  "An  Act  in  addition  to  an  act 
to  punish  crimes  against  the  United  States,  and  for  other  purposes,"  is  extended  to  all  oatl^ 
affirmations,  and  affidavits  required  or  authorized  by  the  timber  culture  law. 

No  land  acquired  under  the  provisions  of  this  law  will  in  any  event  become  liable  to  tlie  sat- 
isfaction of  any  debt  or  debts  contracted  prior  to  the  issuing  of  the  final  certificate  therefor. 

The  affidavit  required  of  applicants  must  be  made  at  the  tim.e  the  application  is  filed,  excejA 
when  made  before  an  officer  autliorized  to  use  an  official  seal,  when  a  reasonable  time  should  be 
allowed  for  trai\smission  to  the  local  land  office(*). 

ITie  filing  of  the  application  and  affidavit,  with  payment  of  fees,  are  essential  prerequisites  to 

<*)  HiiTun  Campbell,  Land  Owner,  Vol.  5,  p.  3x» 


THE  AMERICAN  SF'n'LER'S  GUIDE.  83 

die  allowance  of  a  timber  culture  entry,  and  he  who  first  complies  with  the  conditions  obtains 
priority  of  right. 

A  prior  verbal  application,  unaccompanied  by  the  written  application,  etc.,  gives  no  preferenc 
right,  as  it  is  not  the  duty  of  the  local  officei-s  to  prepare  the  necessary  papers(*). 

An  application  was  rejected  because  the  aflidavit  u^xin  which  it  was  based  was  executed  whil 
anotlier  timber  culture  entry  covered  the  land  in  question(*'). 

A  qualified  party  may  relinquish  a  timber  culture  entiy  of  eighty  acres,  and  tliereafter  may 
enter  tlie  same  under  the  act  of  March  3,  1879,  as  an  additional  entry  to  his  original  entry,  as 
described  in  this  caseC). 

A  timber-culture  settler  may  relinquish  a  portion  of  tlie  land  embraced  in  his  entry,  and  hold 
the  remainder(*),  ^ 

There  is  no  provision  of  law  for  a  second  timber  culture  entry(«). 

An  application  to  transmute  a  pre-emption  filing  to  a  timber  culture  entry  cannot  be  allowed(*). 

In  the  case  of  the  deatli  of  a  party  having  made  a  timber  culture  entry,  who  leaves  a  widow 
and  heirs,  his  rights  under  the  entry  go  to  the  heirs  and  not  to  the  widow,  contrary  to  the  rule 
which  prevails  in  similar  cases  arising  under  the  homestead  laws(K). 

The  term  "  legal  representatives,"  as  used  in  the  timber  culture  act,  does  not  include  a  party 
acting  under  a  power  of  attorney. 

The  heii-s  or  legal  representatives  of  a  deceased  party,  who  had  made  a  timber  culture  entry, 
may  continue  the  cultivation  of  the  trees,  and  on  compliance  with  the  law  will  receive  a  patent 
fprthe  land(»>). 

But  in  case  the  trees  are  not  cultivated  by  the  heirs,  the  entry  will  be  liable  to  cancellation. 

A  prior  pre-emption  settlement  will  defeat  a  timber  culture  entry(*). 

A  pre-emptor's  right  to  land  attaches  from  date  of  settlgnent,  and  a  timber  culture  claimant's 
fix>m  date  of  entry  at  the  local  office. 

^Vhere  a  pre-emptor  has  falsely  alleged  that  he  settled  prior  to  the  date  of  the  timber  culture 
entry,  two  courses  may  be  pureued  by  the  timber  culture  claimant  to  protect  his  rights. 

1.  He  may  wait  until  die  pre-emptor  proves  up,  when  the  actual  date  of  settlement  may  be 
shown,  or  (J) 

2.  He  may  present  to  the  local  officers  his  affidavit  calling  in  question  the  alleged  date  of 
settlement,  and  asking  that  a  hearing  be  ordered  to  determine  the  respective  rights  of  the  parties 
in  intcrcst(/V^). 

A  jxirty  cannot  enter  under  the  homestead  law  a  part  of  the  land  embraced  in  his  timber 
culture  enliy.  He  may  relinquish  his  timber  culture  entry,  in  whole  or  in  part ;  and  upon  can- 
cellation thereof,  he  may,  if  he  is  the  first  legal  applicant,  enter  any  part  of  the  land  as  a 
homestead  (*). 

The  ratio  of  area  required  to  be  broken,  planted,  etc.,  is  one-sixtfenth  of  the  land  embraced 
in  the  entry,  except  where  the  entered  tract  is  less  than  forty  acres,  in  which  case  it  is  one- 
sixteenth  of  forty  acres.  The  party  making  an  entry  of  a  quarter  section,  or  01^  hundred  and 
sixty  acres,  is  required  to  break  or  plow  five  acres  covered  thereby  during  the  first  year,  and  five 
acres  in  addition  during  the  second  year.  The  five  acres  broken  or  plowed  during  the  first  year 
he  is  required  to  cultivate  by  raising  a  crop,  or  otherwise,  during  die  second  year,  and  to  plant 
in  timl)er,  seeds,  or  cuttings,  during  the  diird  year.  The  five  acres  broken  or  plowed  during 
the  second  year  he  is  required  to  cultivate  by  raising  a  crop,  or  otherwise,  during  the  tiiird  year, 
and  to  plant  in  timber,  seeds,  or  cuttings,  during  the  fourth  year.  The  tracts  embraced  in  entries 
of  a  less  quantity  than  one-quarter  section  are  required  to  be  broken  or  plowed,  cultivated,  and 
planted  in  trees,  tree-seeds,  or  cuttings,  during  the  same  periods,  and  to  the  same  extent,  in  pro- 
portion to  their  total  areas,  as  are  provided  for  in  entries  of  a  quarter  section. 

(•)  Daymiide  vs.  McNeely,  Land  Owner,  Vol.  3,  p.  38. 

(b)  John  Key,  Land  Owner,  Vol.  4,  p.  134.  (•)  W.  C.  Latimer.  Land  Owner,  Vol.  8,  p.  122. 

(J)  O.  A.  Avery,  Land  Owner,  Vol.  2,  p.  133.  {«)G.  L.  Wood,  Land  Oiuner,  Vol.  3,  p.  73. 

(0  I.  G.  Pe.-im,  Land  Owner,  Vol.  3,  p.  179.  (s)Wm.  Robertson,  Land  Otvner,  Vol.  4,  p.  \(A. 

(S»)  G.  W.  Kniss,  Land  Owner,  Vol.  2,  p.  117.  (')^V'.  T.  Nicholas,  L^nd  Owner,  Vol.  i,  p.  9a 

(J)  L.  O.  Straud,  Land  Owner,  Vol.  3,  p.  3.  k)  H.  La  French,  Land  Owner,  Vol.  4,  p.  85. 


r^i  THE   AMERICAN   SETTLER'S   GUIDE. 

In  case  the  trees,  seeds,  or  cutting.';,  are  deslroyed  by  grasshoppers,  or  by  extreme  and  unusual 
droutli,  for  any  year  or  term  of  years,  the  time  for  planting  such  trees,  seeds,  or  cuttings,  is 
extended  one  year  for  every  such  year  that  they  are  so  destroyed :  Provided,  the  party  before  he 
■)r  she  becomes  entitled  to  such  extension  of  time,  files  with  the  Register  and  tlie  Receiver  of 
he  proper  land  office  an  affidavit,  corroborated  by  two  witnesses,  setting  forth  the  destructioa 
of  tlie  trees,  etc.,  and  that,  in  consequence  of  such  destruction,  he  or  she  is  compelled  to  j^k  an 
extension  of  time. 

No  final  certificate  shall  be  given,  or  patent  issued,  for  the  land  entered,  until  the  expi)ation 
of  eight  years  from  the  date  of  entry;  and  if,  at  the  expiration  of  such  time,  or  at  any  time 
within  five  years  thereafter,  the  pei-son  making  the  entiy,  or,  if  he  or  she  be  dead,  his  or  her 
heirs  or  legal  representatives,  shall  prove  by  two  credible  witnesses  that  lie  or  she  or  they  have 
planted,  and,  for  not  less  than  eight  years,  have  cultivated  and  protected  the  required  quantity  and 
character  of  trees;  that  not  less  than  twenty-seven  hundred  trees  were  planted  on  each  acre,  and 
that  at  the  time  of  making  proof  there  shall  be  then  growing  at  least  six  hundred  and  seventy- 
five  living  and  thrifty  trees  to  each  acre,  they  shall  be  entitled  to  receive  a  patent  for  such  tract 
of  land. 

Parties  who  have  already  made  entries  under  the  timber-culture  acts  of  March  3,  1873,  ^"^^ 
March  13,  1874,  of  which  the  act  of  June  14,  1878,  is  amendatory,  may  complete  tlie  same  by 
compliance  with  the  requirements  of  the  latter  act;  that  is,  they  may  do  so  by  showing,  at  the 
lime  of  making  their  final  proof,  that  they  have  had  under  cultivation,  as  required  by  the  act  of 
June  14,  1878,  an  amount  of  timber  sufficient  to  make  the  number  of  acyes  required  thereby, 
being  one-fourth  the  number  required  by  the  fonner  acts.  It  will  be  sufficient  for  this  if  the 
parties  show  that  of  the  entire  area  embraced  in  their  respective  entries  they  have  cultivated  in 
timber  for  the  period  required  by  the  act  of  1 878  an  area  not  less  than  one-sixteenth  part;  and 
that  they  have  then  growing  upon  such  cultivated  area  the  prescribed  number  of  "living  and 
thrifty  trees,"  viz.,  6,750,  where  the  entry  is  for  160  acres;  3,375,  where  it  is  for  80  acres;  and 
1,688,  where  it  is  for  40  acres  or  less.  ' 

The  requirements  of  law  pertaining  to  a  timber  culture  entry  of  120  acres  are  the  same  as  for 
an  entry  of  160  aci'es,  less  one-fourth  part,  or  as  for  an  80  acre  tract  and  a  40  acre  tTact(*). 

Parties  who  have  made  timber-culture  entries  cannot  commute  by  paying  the  government  price 
per  acre  for  tlie  land.  Fivll  compliance  with  the  law  for  the  full  time  must  be  shown  before 
title  can  pass  to  the  claimants^'). 

The  timber  culture  laws  in  oifering  a  land  bounty  for  the  production  of  timber  on  tlie  western 
prairies  had  in  view  not  fruit  trees  or  shrubbery,  or  trees  of  subordinate  impoilance,  but  tlie 
object  was  to  encourage  the  growdi  of  what  are  known  as  "  timber  trees,"  comprising  oak,  ash, 
elm,  and  such  other  trees  as  are  commonly  used  in  ship  and  house  building. 

By  recent  instructions,  however,  trees  that  are  of  value  for  commercial  puiq^oses,  or  for  fire- 
wood and  domestic  purposes,  are  included  among  the  trees  that  may  be  planted  and  cultivated. 
The  planting  of  black  walnut  and  other  trees  that  will  produce  the  greatest  income  at  maturity 
is  recommended, 

m 

The  planting  and  cultivation  in  Southern  California  of  the  Eucalyptus,  or  Australian  gum- 
tree,  is  a  compliance  with  the  timber-culture  laws("'). 

The  Cottonwood  tree  is  included  in  the  list  of  timber  trees  ("^j. 

Where  a  party  made  a  timber  culture  entry  of  one  hundred  and  sixty  acres,  and  has  done 
breaking  and  planting  sufficient  to  comply  with  the  law  in  case  of  an  entiy  of  eighty  acres,  he 
will  be  allowed  to  relinquish  the  half  of  his  entry,  and  retain  the  part  on  which  the  trees  planted 
cire  situated  (*"), 

The  fact  that  a  previous  claimant  had  complied  with  the  timber-culture  law  in  the  matter  of 

(»)  Dodge  &  Chace,  Land  Owner,  Vol.  3,  p,  72.         (»•)  L.  R,  Moyer,  Land  Owner,  Vol.  2,  p.  39, 
(•)  Amos  Harris,  Land  Oiutter,  Vol.  3,  p.  71.  (<>)  Instructions,  I^nd  Owner,  Vol.  6,  p.  153. 

(•)  W.  D.  Gould,  I^and  Owner,  Vol.  4,  p,  85. 


Tin:  ,..,_.       .  ;iijL^.  85 

Drt;akiv)g  and  pLi:. *.;';.;,  ■'.•   ->  i:  suljsequent  part}'  who  makes  entry  of  the  same  land 

from  complyaig  with  the  timber  culture  la\v(*). 

Where  a  party  enters  for  timber  culture  lami.  ,  furjiierly  broken  up  and  cultivated, 

he  is  not  required  to  do  the  prescribed  breaking  on  land  not  before  broken,  but  he  may  go  over 
the  land  formerly  broken  and  again  break  it  and  iMe|xire  it  for  the  reception  of  the  trees,  to  the 
extent  of  area  and  in  the  periods  prescribed^*). 

A  strict  compliance  v^-iili  \hf  finil-,-t-  rii'tnie  I  '.in  r   ,•)•,'•;.  ._..^,  __.^  is 

required. 

Where  timber  cuiLu-.c  iiujiux^uhjul.-  v.^i^  wn  .uin  ^jnwi  lu  inc  cmu;  uicif^i  under  the  timbei 
-culture  statutes,  such  improvements  will  now  be  credited  to  the  party  making  tlie  entryC). 

A  party  may  elect  to  break  die  s<"  '  'ait  the  trees  sooner  than  the  timber  culture  act 
requires(^). 

A  claimant  has  tlie  right  to  select  ut  ai  tlie  whole  tract  entered  the  particular  part  to  be  cul- 
tivated in  tirfiber(«) 

Where  a  timber  culture  claimant  dies,  having  failed  to  comply  with  the  timber  culture  law, 
his  heirs  have  no  rights  in  the  premises  embraced  in  the  entry,  and  the  entry  should  be  canceled 
!Pon  a  proper  showing(^i. 

C.    CONTEST   AND   CANCELLATION. 

If,  at  any  lime  after  one  year  from  the  date  of  entr)',  and  prior  to  the  issue  of  a  patent  there- 
for, the  claimant  shall  fail  to  comply  with  any  of  the  above  requirements,  his  entry  will  become 
liable  to  a  contest  in  the  manner  provided  in  homestead  cases,  and  upon  due  proof  of  such, 
failure,  the  entry  will  betcanceled,  and  the  land  become  again  subject  to  entry  under  the  home- 
stead laws,  or  by  some  other  person  under  the  timber  culture  law. 

A  contesting^  party  must  place  his  application  on  file  in  the  local  land  office  with  his  affidavit, 
initiating  a  contest  against  an  entry  already  made,  but  whether  such  application  entitles  such 
contestant  to  the  privilege  of  making  an  entry  depends  upon  the  testimony  at  the  trial,  showing 
that  the  first  party  has  not  complied  with  the  law.  If  the  testimofny  does  show  non-compliance 
with  the  law,  then,  upon  cancellation  of  the  first  entry,  the  contestant  will  be  allowed  to  perfect 
an  entry  for  himself («). 

No  preference  right  is  granted  the  conte::-ta;it  luikss  Iii:;  op  plication  accompanies  his  affidavi: 
initiating  the  contest. 

An  entry  made  by  the  prefen-ed  claimai.;  ..,;  -^ -  "  ■—  •■   >  '''-e  the  affidavit 

is  filed  and  the  fees  and  commissions  paid  (•*). 

There  is  a  provision  of  law  to  allow  a  party  tlic  jj.eit  iciiLc  r:g;.i  lu  emcr  ntnd  embraced  in 
•  limber  culture  entry,  who  files  a  relinquishment  of  such  entry(*).  See  Act  of  May  14,  1880, 
p.  49. 

\S'Iu.rc  a  Contest  has  been  regularly  initiated  against  a  timber  culture  entry  by  a  party  who 
filed  his  affidavit  and  application  to  enter,  such  party  will  have  the  preference  right  of  entry,  if 
the  first  entry  is  canceled  on  account  of  a  relinquishment  thereof(*). 

Lands  covered  by  a  timber  culture  entry  subsequently  canceled  may  be  entered  under  the  pre- 
emption laws,  though  the  preference  right  is  always  v.  i;]i  the  h(  nv.  -tead  or  timber  culture 
claimant  who  successfully  contests  the  former  entry  {■'  . 

The  requisites  of  an  affidavit  for  a  continuance  on  liiv.  j^.  vumi  v.-1-.iw.-^^..i^v.  ..1  u.  \s  ,n,^r^-,,  ^ic  that 
it  shows,  I.  The  name  and  residence  of  the  witness  and  the  materiality  of  his  testimony;  2.  The 
exercise  of  proper  tliligence  to  procure  the  attendance  of  the  witness;  and  3.  That  the  witness 
can  be  had  at  the  time  to  which  it  is  sought  to  have  die  trial  deferred^').  « 

The  question  of  sufficiency  of  notice  in  contested  land  claims  m.ust  be  one  of  fact.     Infonna 

(»i  M.  G.  Lee,  Luk^  Owner,  VoL  4,  p.  83.  (*)  D.  D.  Hoag,  Land  Oitmer,  Vol.  4,  p.  162. 

..e)  Gahan  vs.  Gurrell,  Land  Oitmer,  Vol.  g,  p.  63.       ('*)  O.  A.  A.  Gardner,  Copp's  Public  Laud  Laws,  p.  651, 

(e)  Wilson  vs.  Simmons,  Land  Owner,  Vol.  5,  p.  87.  (0  Haynes  vs.  Metcalfe,  Land  Oiuner,  Vol.  4,  p.  134. 

i})  Isaac  Atkinson,  Land  Otuner,  Vol.  2,  p.  180.  (•>)  Kinney  vs.  Dingman,  Land-Ozvner,  Vol.  7,  p.  39. 

0)  Bafrettwj.  Maybury,  Land  Oivner,  Vol.  4,  p.  77.     W.  L.  Hurchar,  Land  Owner,  Vol.  3,  p.  72. 

(.*)  Tewksbury  z'^.  Mcl'eck,  Za«</ C>7tr«^r,  Vol.  4,  p.  54.     (^  '    "'     ' 

(*)  Wilson  vs.  Simmons,  Land  Owner,  Vol.  5,  p.  87. 


QQ  'illE  AMERICAN   SETTLERS   GUIDE. 

tion  which  makes  it  the  duty  of  a  party  to  make  inquiry,  and  shows  where  it  may  be  effectually 
made,  is  notice  of  all  facts  to  which  such  inquiry  might  have  led.  But  a  party  tlaus  put  oa 
inquiry  is  allowed  a  reasonable  lime  to  make  it,  before  he  is  affected  with  notice(*). 

The  contestant  in  a  timber  culture  entry  must  defray  the  expenses  incident  to  the  contest.  A 
cross  examination  for  the  puqjose  of  creating  expense  and  delay  should  be  arrested.  Sufficiency 
of  notice  is  a  matter  of  factC*). 

In  contests  in  timber  culture  entries,  the  required  affidavit  must  be  filed  and  the  published 
notice  must  be  properly  prepared(<'). 

The  expenses  incident  to  timber  culture  and  homestead  contests  must  be  defrayed  by  the  con 
testants.     Where  rehearings  are  ordered  by  the  General  Land  Office,  an  equitable  adjustmenr, 
of  the  expenses  is  allowed  to  be  made  by  the  local  officers. (<*) . 

In  case  a  timber  culture  entry  is  abandoned,  the  land  covered  by  such  entry  is  imtnediateiy 
subject  to  entry  by  another  party  under  the  timber  culture  or  homestead  laws,  bu'  the  party 
applying  must  give  the  prescribed  notice  and  the  adverse  party  be  allowed  a  hearing,  as  in  gthei 
contested  cases(*). 

A  party  cannot  enter  under  the  homestead  law  a  part  of  the  land  embraced  in  his  timber 
culture  entry.  He  may  relinquish  his  timber  culture  entiy,  in  whole  or  in  part;  and  upon 
cancellation  thereof,  he  may,  if  he  is  the  first  legal  applicant,  enter  any  part  of  the  land  as  ai 
homestead  ('), 

There  is  a  provision  of  law  for  the  repayment  of  the  fee  and  commissions  paid  on  a  timber 
culture  entry.  Or  a  new  entry  may  be  made  with  credit  for  the  money  paid  on  a  canceled 
entry.  (K)     See  Act  of  June  i6,  1880. 

ADDITIONAL   RULINGS. 

Unless  land  is  naturally  devoid  of  timber,  it  cannot  be  entered  under  the  timber  culture  law. 
Where  the  timber  has  been  cut  off,  the  land  is  not  subject  to  such  entiy.  If  saplings  or  young 
timber  trees  are  found  growing  on  the  land,  it  cannot  be  entered  for  timber  culture  purposesC*), 

Because  a  tract  was  covered  by  a  prior  timber  culture  entry,  is  not  evidence  that  the  land  is 
properly  subject  to  the  timber  culture  laws.  A  party  who  makes  oath  that  a  certain  tract  is 
devoid  of  natural  timber,  should  assure  himself  of  such  fact  by  personal  examination,  or  take 
the  consequences(*). 

Where  a  scattering  growth  of  timber  trees  (especially  when  less  than  fifty  in  number),  exists 
on  the  margin  of  a  stream  of  water,  the  tract  should  be  regarded  as  naturally  devoid  of  timber(i). 

Where  two  parties  apply  simultaneously  to  contest  a  timber  culture  entry,  neither  having  in*, 
provements  on  the  tract  in  question,  both  may  be  made  parties  to  the  contest,  and  may  bid  for 
the  privilege  of  entering  the  land^*). 

In  view  of  the  act  of  May  14,  1880,  an  affidavit  accompanying  an  application  to  make  timber 
culture  entry  is  unobjectionable  because  the  date  of  execution  thereof  is  prior  to  a  relinquishmem 
of  another  entry  on  tlie  same  tract.  Regard,  however,  must  be  liad  to  the  time  within  which  il 
is  received  at  the  local  office (^). 

An  excess  not  to  exceed  twenty  acres'  may  be  allowed  in  timber  culture  entries,  when,  as  in 
.  fractional  sections,  such  entries  appear  unavoidable.  Such  excess  must  be  paid  for  as  in  home- 
stead entries  C"). 

Instructions  relative  to  timber  culture  entries  must  be  strictly  complied  with. 

Breaking  and  planting  can  be  done  by  an  agent,  but  claimant. is  held  responsible  for  failure* 
so  to  do(»). 

The  year  within  which  the  timber  culture  claimant  must  break  five  acres,  does  not  expire 
until  the  end  of  the  last  day  of  the  year.     (See  {a)  next  page.) 

(»)  McC-xrter  vs.  Dunn,  Lajid  Oiuner,  Vol.  5,  p.  21.  (l>)  Ibid. 

(«)  McCarter  vs.  Dunn,  Land  Owner,  Vol.  4,  p,  76.  (d)  Ibid. 

(•)  Instiuclions,  Land  Owner,  Vol.  5,  p.  147.  (0  Henry  L.i  French,  Land  Owner,  Vol.  4,  p.  8> 

(()  Ludwig  Hartz,  Land  Owtier,  Vol.  2,  p.  100.  C")  B.  F.  Griffin,  Land  Owner,  Vol.  6,  p.  154. 

(«)  Schliter  vs.  Off,  Land  Owner,  Vol.  7,  p.  137.  (J)  F.  M.  Phillips,  Land  Owner,  Vol.  7,  p.  166. 

(k)  Theodore  Kimm,  Land  Owner,  Vol.  7,  p.  181.  (i)  D.  D.  Merryman,  Land  Owner,  Vol.  S,  p.  14s. 

{")  Instructions,  Land  Owner,  Vol.  7,  p.  6.  (»)  James  Cassidy,  Land  Owner,  Vol.  8,  p.  92. 


THE  AMERICAN  SETTLER'S  GUIDE.  87 

The  pendency  of  one  application  to  contest  a  timber  culture  entry  is  not  necessarily  a  bar  to 
the  initiation  of  a  contest  against  the  same  entry  by  another  party(*). 

The  entire  area  required  by  law  can  be  planted  at  once,  provided  the  ground  has  been  pre- 
lared  properly (^). 

A  limber  culture  claimant  complies  with  the  law  who  replows  or  harrows  the  land  broken 
during  the  previous  year.  Two  years'  preparation  of  the  soil  is  a  legal  requirement,  but  putting 
it  to  crop  is  not  necessarily  required;  but  cultivation  to  crop  or  otherwise  is  required(«). 

Tlie  planting  and  cultivation  of  white  willow  fulfills  tlie  recjuireraents  of  the  timl)er  culture  act. 

List  of  tx-ees  whicli  are  regarded  as  timber  trees — ced?^,  pine,  fir,  larch,  elm,  oak,  black 
locust,  alder,  beech,  plane  tree  (cotton  tree,  buttonwood,  or  cycamorc),  chestnut,  spruce,  ash, 
birch,  service  tree  (mountain  ash),  maple  (including  box  eider),  walnut,  cottonwood,  white 
willow,  hickory,  white  wood  (tulip  tree),  butternut,  and  basswood("*). 

Also  the  following :  alder,  birch,  beech,  basswood,  black  locust,  cedor,  chestnut,  cottonwood, 
fir,  including  spruce,  honey  locust,  larch,  box  elder,  plane  tree  (otherwise  called  rotten  tree, 
buttonwood,  or  sycamore),  service  tree  (otherwise  called  mountain  ash),  white  willow,  and 
white  wood  (otherwise  called  tulip  tree),  have  been  decided  as  being  timber  in  the  mearJ-ng 
of  the  law(e). 

No  patent  can  be  issued  on  a  timber  culture  entry  until  after  the  expiration  of  eight  years  of 
compliance  with  the  law('). 

The  relinquishment  of  a  timber  culture  claim  should  be  made  in  case  of  death  of  clair/iaav  o/ 
all  the  heirs,  these,  if  any,  over  twenty-one  years  of  age,  acting  in  person,  and  minors  through 
K  jfaardian  duly  appointed  by  the  proper  probate  court,  and  with  full  power  to  act  'V  r^e 
pr.';mises(«). 

The  mere  offering  to  sell  one's  interest  in  a  timber  culture  entry,  is  not  deemed  surticieiu 
ground  upon  which  to  base  a  contest^). 

A  party  alleging  that  a  timber  culture  claim  has  been  sold  and  relinquished,  is  entitlpfl  ""^ 
enter  contest  against  the  same,  notwithstanding  the  year  from  date  of  entry  may  not  rave  eiapsed, 
or  the  relinquishment  is  held  by  a  third  party (*). 

The  fact  that  one  party  has  failed  at  a  hearing  to  show  a  timber- culture  cia.mant's  non-com- 
jflatce  v/ith  the  law,  does  not  bar  another  party  from  the  privilege  of  being  hear:!  upon  simila: 
fJ.W^.do-:'^  covering  the  same  period  of  time(f). 

llie  rimber  cuhure  act  does  not  limit  the  right  of  contest  to  one  person  or  one  contest. 

A  contestant  should  specifically  allege  the  year  in  which  the  entryman  failed  to  comply  witb 
fifcs  law,  and  wherein  such  failure  consistedC'). 

No  improvement  and  settlement  made  by  contestee,  after  initiation  of  a  contest  against  his 
tntry,  shall  accrue  to  his  benefit,  or  act  to  defeat  the  vested  rights  of  a  contestant  and  applicant(^^ 

d,  FINAL  PROOF. 

The  act  of  March  3,  1873,  entitled  "An  act  to  encourage  the  ^c^.  v^th  of  tinibei  on  the  west- 
em  prairies,"  provided  that  any  person  might  make  an  entry  under  that  act  on  any  quartc-- 
section  of  the  public  lands. 

Entries  under  that  act  were  not  restricted  to  heads  of  families,  persons  twenty-one  years  oi 
age,  citizens,  or  those  who  had  declared  their  intention  of  becoming  citizens  of  the  United 
States. 

Persons  making  entries  under  said  act  were  required  to  plant,  protect,  and  keep  in  a  healthy 
growing  condition  for  ten  (10)  years,  forty  acres  of  timber  on  the  quarter-section  entered.  The 
trees  were  to  be  not  more  than  twelve  (12)  feet  apart  each  way.  Only  one  quarter  of  any  sec- 
tion could  be  entered.     Entries  were  to  be  made  for  the  cultivation  of  timber.     Final  proof 

(»)  Tripp  vs.  Stewart,  Land  Owntr,  Vol.  7,  p.  39.  (b)  Jorgen  Raon,  Land  Ozvr.sr,  Vol.  7,  p.  i3i, 

(e)  Rhodes  vs.  Avery,  Land  Owner,  Vol.  8,  p.  76.  (d)  C.  S.  Getchell,  Land  Owner,  Vol.  7,  p.  39. 

(e)  F.  M.  Phillips,  Land  Owner,  Vol.  7,  p.  166.  (f)  S.  F.  McKinney,  Land  Gvjnsr,  Vol.  7,  p.  6. 

fc)  Charles  King,  Land  Owner,  Vol.  8,  p.  93.  (h)  J.  W.  Farmer,  Land  Owner,  Vol.  8,  p.  93. 

(1)  Greene  vs.  Graham,  Land  Owner,  Vol.  7,  p.  103.  (i)  Huls  vs.  Yielding,  Land  Owner,  Vol.  7,  p.  3. 

(ii)  Sanstadti/f.  Htilmcr.  La.vd  O^vner^  Vol.  7,  p.  105.  (I)  Kinney  z,,-;,  Digrm^n,  Land  Owner,  Vol.  7,  p    ■»;. 


S.3  THE  AMERICAN  SETTLER'S  GUIDE. 

could  be  made  at  the  expiration  of  ten  (lo)  years  from  the  date  of  entry,  or  at  any  time  witliki 
three  (3)  years  thereafter, 

In  making  final  entry  under  this  act,  the  party,  or,  if  he  be  dead,  his  heirs  or  legal  represent- 
atives, must  "prove  by  two  creditable  witnesses  that  he,  she,  or  they  have  planted,  and  for  not 
less  than  ten  years  have  cultivated  and  protected,"  the  quantity  and  character  of  timber  above 
mentioned. 

The  act  of  March  13,  1874  (iS  Stats.,  21),  was  an  act  amendatory  of,  and,  from  said  Marck 
13,  1874,  a  substitute  for,  the  act  of  March  3,  1873.  All  timber  culture  entries  made  between 
March  13,  1874,  and  June  14,  187S,  were  made  under  the  act  of  1874.  This  act  provided 
that  citizens  of  the  United  States,  or  persons  who  had  declared  their  intention  of  becoming 
citizens,  and  who  were  heads  of  families  or  had  arrived  at  the  age  of  twenty-one  years,  could 
make  such  entries. 

Entries  were  to  be  made  for  the  cultivation  of  timber. 

Forty  acres  of  timber  or  a  quarter-section,  and  the  like  proportion  of  timber  on  less  than  a 
quarter-section,  were  required 'to  be  planted,  protected,  and  kept  in  a  healthy  growing  condi- 
tii)a  for  eight  (8)  years.     The  trees  were  to  be  not  more  than  twelve  (12)  feet  apart  each  way. 

Only  one  quarter-section,  or  its  equivalent,  could  be  entered  by  any  one  person  under  this  act. 

The  party  making  an  entry  of  one  quarter-section  was  required  to  break  ten  (10)  acres  of  the 
land  the  hrst  year,  ten  (10)  acres  the  second  year,  and  twenty  (20)  acres  the  third  year  after 
the  date  of  the  entry;  and  to  plant  ten  (10)  acres  of  timber  the  second  year,  ten  (10)  acres  the 
third  year,  and  twenty  (20)  acres  the  fourth  year  after  the  date  of  the  entry,  and  in  the  same 
ivr-rsT/rtion  when  the  entry  was  for. a  less  area  than  one  quarter-section.  Final  proof  could  be 
made  at  the  expiration  of  eight  (8)  years  from  the  date  of  entry,  or  at  any  time  within  five  (5) 
)  ears  thereafter. 

In  making  final  entiy  under  tliis  act,  the  party,  or,  if  he  be  dead,  his  heirs  or  legal  repre- 
sentatives, must  "  prove  by  two  credible  witnesses  that  he,  she,  or  they  have  planted,  and 
ior  not  less  tiian  eight  (S)  years  have  cultivated  and  protected,"  the  quantity  and  character  o£ 
t.inber  menUoned  in  this  act. 

lu  C:<\se  of  the  death  of  a  person  v.  ho  had  complied  with  the  provisions  of  the  act  for  tiiree 
5;  years,  the  heirs  or  legal  representatives  had  the  option  to  continue  the  compliance  for*  th«r 
'\.nniinder  of  the  eight  years,  and  to  receive  patent  accordingly,  or  to*  receive  patent  for  foiif 
{40)  acres  outright  by  relinquishing  all  claim  to  the  remainder. 

Entries  made  under  the  act  of  March  3,  1873,  can  be  completed,  and  final  proof  made  tm- 
•  le.x  the  act  of  Mai-ch  13,  1874,  upon  compliance  witli  the  provisions  of  the  latter  act. 

By  the  act  of  May  20,  1876  (19  Stats.,  54),  amendatoiy  of  the  act  of  1874,  it  was  provided 
liiat  whenever  a  paity  holding  a  claim  or  making  final  proof  under  said  act  should  prove,  by 
;  A'O  credible  witnesses,  that  the  trees  planted  and  growing  on  said  claim  were  destroyed  by 
grasshoppers  during  any  one  or  more  years,  the  time  allowed  in  which  to  plant  the  treis  and 
make  final  proof  should  be  extended  the  same  number  of  years  as  the  trees  planted  were  so 
itestroyed. 

It  was  also  provided  that  the  planting  of  seeds,  nuts,  and  cuttings,  shovjld  be  considei-ed  a 
compliance  with  the  timber- culture,  act,  when  such  seeds,  nuts,  and  cuttings,  should  be  prop- 
.riy  and  well  planted,  and  the  ground  properly  prepared  and  cultivated. 

It  is  not  necessary  under  this  act  that  the  planting  shall  be  done  in  one  body,  "  provided  the 
j.r:veral  bodies,  not  exceeding  four  in  number,  planted  by  measurement,  aggregate  the  amcniBt 
lequired  and  in  the  time  required  by  the  original  and  amended  act," 

rt  was  provided  that  in  case  the  seeds,  nuls,  or  cuttings,  shoiild  not  gemiinate  and  grow;  Of 
i'x^ujd  be  destroyed  by  the  depredations  of  grasshoppers,  or  from  other  inevitable  accident,  tlie 
y-vound  should  be  replanted,  or  the  vacancies  filled  within  one  year  from  the  first  planting. 
Parties  claiming  the  benefit  of  this  provision  were  to  prove,  by  two  good  and  credible  ^vit 
nesses,  that  the  ground  was  properly  prepared  and  planted,  and  that  the  destruction  of  thfl 
i^eds,  nuts,  or  cuttings,  was  caused  by  inevitable  accident. 

^    The  act  of  June  14,  1878  (20  Stats.,  113),  is  an  act  amendatory  of,  and,  as  to  all  entries 
made  since  June  14,  1S7S,  is  a  substitute  for,  th?  .id  of  M-r.-b  ;  :.  1S74. 


THE  AMERICAN  SEl^FLER'S  GUIDE.  89 

The  persons  authorized  to  make  entries  under  the  act  of  1878  are  heads  of  families  or  single 
persons  who  have  attained  the  age  of  twenty-one  years,  and  who  are  citizens  of  tlie  United 
States  or  have  declared  their  intention  to  become  citizens,  and  who  have  made  no  previous 
entry  under  the  timber  culture  laws. 

Entries  are  restricted  to  not  more  than  one  quarter  section,  and  one  entry  only  can  be  made 
by  any  one  person. 

Only  tracts  embraced  in  sections  which  are  prairie  lands,  or  other  lands  devoid  of  timber,  are 
subject  to  entry  under  this  act. 

The  entry  must  be  made  for  the  cultivation  of  timber,  and  for  tli6  exclusive  use  and  benefit 
of  the  person  making  the  entry.  It  must  be  made  in  good  faith,  and  not  for  speculation,  nor 
for  the  benefit  of  another. 

Five  (5)  acres  on  a  quarter-section  are  required  to  be  broken  or  plowed  the  first  year,  and 
five  (5)  acres  the  second  year.  The  second  year  the  first  five  acres  must  be  cultivated  to  crop 
or  otherwise.  The  third  year  the  second  five  acres  must  be  cultivated  to  crop  or  otherwise, 
and  the  first  .five  acres  must  be  planted  in  timber,  seeds,  or  cuttings.  The  fsurth  year  tlie 
second  five  acres  must  be  planted  in  timber,  seeds,  or  cuttings.  Ten  (10)  acres  are  thus  to 
be  plowed,  planted,  and  cultivated  on  a  quarter-section,  and  the  same  proportion  when  less 
than  a  quarter-section  is  entered.  The  whole  ten  (10)  acres,  or  the  due  proportion  there- 
of, must  be  prepa)-ed  and  planted  within  four  years  from  the  date  of  tlie  entry,  five  (5)  acres 
being  prepared  the  first  and  second  years  and  planted  the  third  year,  and  five  (5)  acres  being 
prepared  the  second  and  third  years  and  planted  the  fourth  year. 

If  the  trees,  seeds,  or  cuttirigs  are  destroyed  by  grasshoppers  or  by  extreme  and  unusual 
droughts,  the  time  of  planting  may  be  extended  one  year  for  every  year  of  such  destruction, 
upon  the  fihng  in  the  local  office  of  an  affidavit  by  the  entryman,  corroborated  by  two  wit- 
nesses, setting  forth  the  destruction  and  asking  the  extension  of  time  provided  for  by  the  act. 

Final  proof  can  be  made  at  the  expiration  of  eight  (8)  years  from  the  date  of  entry,  or  at 
any  time  within  five  years  thereafter. 

The  requirements  in  making  final  proof  under  this  act  are  as  follows: 

1st.  It  must  be  shown  that  not  less  than  -twenty-seven  hundred  (2,700)  trees  of  the  proper 
character  were  planted  on  each  acre  of  the  ten  acres  required  to  be  planted. 

2d,  It  must  be  shown  that  the  quantity  and  character  of  trees  as  aforesaid  have  been  culti- 
tivated  and  protected  for  not  less  than  eight  years  preceding  the  time  of  making  proof. 

3d.  It  must  be  shown  that  at  the  time  of  making  proof  there  are  growing  at  least  six  hun- 
dred and  seventy-five  (675)  living  and  thrifty  trees  to  each  acre  of  the  ten  acres  planted. 

All  entries  made  since  June  14,  1S78,  are  made  under  tliis  act.  Parties  who  made  entries 
under  either  of  the  former  acts  are  permitted  to  complete  the  same  and  to  make  final  proof 
under  the  act  of  1878,  ujx)n  full  compliance  therewith. 

Section  7  of  the  act  defines  the  meaning  of  the  term  "  full  compliance"  as  used  in  that 
section.  It  is,  that  the  parties  shall  show  that  they  have  had  under  cultivation,  as  required  by 
the  act,  an  amount  of  timber  sufficient  to  make  the  number  of  acres  required  therein;  that  at 
the  time  of  making  final  entry  the  required  number  of  living  and  thrifty  trees  are  growing  ob 
the  land. 

It  is  not  requisite,  in  making  proof  under  the  act  of  1 878,  that  the  manner  of  planting  as 
prescribed  by  that  act  should  be  shown  to  have  been  followed  by  persons  who  made  entries 
under  the  acts  of  1873  j^nd  1874. 

The  planting  in  such  cases  may  have  been  done  in  the  manner  prescribed  by  the  acts  of 
1873  o"^  1874,  or  in  the  manner  prescribed  by  the  act  of  1 8 78.  '    . 

Xhe  character  of  the  trees  should  be  such  as  are  recognized  in  the  neighborhood  as  of  value 
tor  timber,  or  for  commercial  purposes,  or  for  firewood  ahd  doinestic  use.  The  enumeration 
of  species  on  page  27  of  the  General  Circular  of  October  i,  1880,  is  only  intended  as  a  general 
p^uide,  and  is  not  to  be  construed  to  e>:clude  nv-  •-- ■-  r^ii:.^  .-  within  the  f--—- --— ■  '^'----'-teriia 

■  uting  the  perio'l    ''      '         '         '  '  ,s:iry 


90  THE  AMERICAN  SETTLER'S  GUIDE. 

acts  of  cultivation  were  performed  within  the  proper  time.  The  preparation  of  the  land  and 
tlie  planting  of  trees  are  acts  of  cultivation,  and  the  time  authorized  to  be  so  employed,  and 
actually  so  employed,  is  to  be  computed  as  a  part  of  the  eight  years  of  cultivation  required  by 
the  statute. 

If  there  have  not  been  eight  (8)  years  of  cultivation,  or  if  there  are  not  the  requisite  number 
of  living  and  thrifty  trees  growing  on  the  land  at  the  expiration  of  eight  years  from  the  date  of 
entry,  then  final  proof  cannot  be  made  until  these  requisites  shall  have  been  complied  with. 

The  proof  required  in  final  entry  will  be  the  affidavit  and  testimony  of  the  party,  corrobor- 
ated by  the  testimony  of  two  witnesses,  setting  forth,  specifically  and  in  detail,  all  the  facts  of 
the  case,  showing  when  cultivation  was  commenced,  the  acts  performed,  amount  of  land 
plowed,  cultivated,  and  planted,  what  was  done  in  each  year,  the  total  number  of  trees  planted, 
the  total  number  growing,  and  their  size  and  condition  at  date  of  proof,  and  any  other  facts  or 
circumstances  material  to  the  case. 

In  making  final  proof  the  timber  culture  claimant  must  appear  in  person  with  his  witnesses, 
at  the  district  land  office  of  the  district  in  which  the  land  is  situated,  and  there  make  the  nec- 
essary proofs;  or  the  affidavit  of  the  party  may  be  made,  and  his  testimony,  and  the  testimony 
of  his  witnesses,  given  before  a  judge  or  clerk  of  a  court  of  record  in  such  land  district. 

The  officer  administering  the  oath  or  taking  the  testimony  must  certify  to  the  identity  and 
credibility  of  the  party  appearing  beibre  him. 

In  every  case,  when  final  proof  is  offered  or  submitted,  the  Register  and  Receiver*  will  care- 
fully examine  the  evidence,  and,  if  found  sufficient  as  showing  that  the  claimant  has  fully  com- 
plied with  the  law  (and  on  payment  of  the  final  commissions  allowed  by  law),  they  will  pro 
ceed  to  issue  the  final  certificate  and  receipt  in  the  same  manner  as  in  final  homestead  cases. 

The  payments  required  by  law  on  a  timber-culture  entry  are  as  follows: 

Original  Entries. 
For  more  than  80  acres,  a  fee  of  jgio,  to  be  paid  at  date  of  entry,  and  $^  commisaonsf 
a>tal,  $1^. 

For  eighty  acres  or  less,  fee  $5,  commissions,  $4;  total,  ^9. 

Final  Entries. 

The  total  payment  required  in  each  case  of  final  entry  is  I4,  payable  when  final  proof  is 
made. 

No  additional  or  other  fee,  charge,  gratuity,  or  reward,  is  permitted  to  be  paid  or  received 
for  any  services  rendered  at  district  land-offices  in  connection  with  such  entries. 

A. 

FINAL  AFFIDAVIT. 

TIMBER  CULTURE  ENTRY. 

Acts  of  March  3,  1873,  March  i3,'i874,  and  June  14,  1878. 
having  on  the day  of ,  i8 — ,  made  a  timber  culture  entry  No.  — ,  of  section  — — ,  fn 


township  —  of  Range  — ,  subject  to  entry  at , ,  under  the  timber-culture  laws  of  the  United  States. 

do  hereby  apply  to  perfect  my  claim  thereto  by  virtue  of  the  seventh  section  of  the  act  of  June  14,  1878,  entitlea 
"  An  act  to  amend  an  act  entitled  '  An  act  to  encourage  the  growth  of  timber  on  the  western  prairies/  "  and  for 

that  purpose  do  solemnly that  my  aforesaid  entry  was  made  in  good  faith,  and  not  for  the  purpose  of  spec- 

Hlation,  or  directly  or  indirectly  for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever;  that  I  have 

not  heretofore  made  any  other  entry  under  the  timber  culture  laws  of  the  United  States  ;  and  I  do  further 

that  the  section  of  land  specified  in  my  aforesaid  entry  is  composed  exclusively  of  prairie  lands  or  other  lands 
devoid  of  timber  ;  that  said  entry  was  made  for  the  cultivation  of  timber,  and  that  I  have  planted  on  said  land, 
cultivated,  protected,  and  kept  in  a  healthy,  growing  condition  for  and  during  the  period  of  eight  (8)  years  last 

past, acres  of  {here  describe  the  kinds  of  timber)  timber ;  that  not  less  than trees  were  planted 

on  each  acre,  and  that  there  are  now  at  least  {here  state  the  number  0/ trees)  living  and  thrifty  trees  to  and  upoa 

each  acre,  aggregating  in  total  the  number  of trees. 

(Signature  of  claimant.)  ■■> 

Sworn  to  and  subscribed  before  me  this day  of———,  x8— .  , 


THE  AMERICAN  SETTLER'S  GUIDE.  91 

B. 
TIMBER  CULTURE  PROOF. 

TESTIMONY  OF  CLAIMANT. 

(Acts  of  March  3,  1873,  March  13,  1874,  and  June  14,  1878.) 

,  being  called  as  a  witness  in own  behalf  in  support  of timber  culture  entry  No. tot 

—  section  — ,  township  — ,  of  range  — ,  in  the  district  of  lands  subject  to  entry  at ,  testifies  as  follows: 

Question  i.  What  is  your  name  written  in  full  and  correctly  spelled,  your  age,  and  post-office  address  ? 

Answer.  . 

Question  2.  Describe  yoar  timber-culture  entry,  giving  the  date  thereof  and  the  number  of  acres  embraced 
therein. 

Answer.  . 

Question  3.  What  number  of  acres  of  said  land  was  broken  by  you  during  the  first  year,  what  number  broken 
during  the  second  year,  and  what  number  broken  during  the  third  year,  respectively,  after  the  date  of  your 
entry  ?  Give  the  day,  month,  and  year,  as  nearly  as  practicable  in  each  instance,  when  the  several  breakings 
were  done  ;  describe  the  method  of  breaking,  and  in  what  way  your  measurements  were  made. 

Answer.  . 

Question  4.  Describe  the  way  in  which  the  ground  was  prepared,  and  state  how  many  acres  of  said  tract  were 
planted  to  trees  during  the  secoiid  year  of  your  entr>',  giving  the  day,  month,  and  year,  as  nearly  as  practicable, 
when  the  planting  was  done,  the  kind  or  kinds  of  trees  planted  ;  and  state  how  you  know  the  area  or  number  of 
acres  so  prepared  and  planted  during  said  second  year. 

Answer.  . 

Question  5.  Describe  the  way  in  which  the  ground  was  prepared,  and  state  how  many  acres  of  said  tract  were 
planted  to  trees  during  the  M/r^/year  of  your  entry,  giving  the  day,  month,  and  year,  as  nearly  as  practicable, 
when  the  planting  was  done,  the  kind  or  kinds  of  trees  planted ;  and  state  how  you  know  the  area  or  number  o» 
acres  «o  planted  during  said  third  ycs.T. 

Answer.  . 

Question  6.  Describe  the  way  in  which  the  ground  was  prepared,  and  state  how  many  acres  of  said  tract  were 
planted  to  trees  during  thc/oiirth  year  of  your  entry,  giving  the  day,  month,  and  year,  as  nearly  as  pn^ticable 
when  the  planting  was  done,  the  kind  or  kinds  of  Uees  planted;  and  state  how  you  know  the  area  or  number  of 
acres  so  planted  during  sziA/ourth  year. 

Answer.  . 

Question  7.  If  you  have  received  an  extension  of  time  for  planting  on  account  of  the  destruction  of  your  trees, 
seeds,  or  cuttings,  by  grasshoppers,  or  by  e.xtreme  or  unusual  drought,  state  the  year  or  years  in  which  eztensioa 
was  had,  and  give  all  the  particulars.     How  did  you  proceed  to  obtain  such  an  e.xtension  ? 

Answer.  . 

Question  8.  How  many  acres  of  timber  have  you  planted,  cultivated,  protected,  and  kept  in  a  healthy  grow- 
3ig  condition  for  the  period  of  eight  (8)  years  last  preceding  on  the  tracts  embraced  in  your  entry? 

Answer.  . 

Question  9.  Describe  the  condition  of  the  trees  now  growing  on  said  tract,  giving  their  average  diameter  and 
height  as  near  as  you  can,  the  kind  or  kinds  of  trees,  the  number  of  trees  per  acre  now  growing  thereon  ;  and 
Mate  how  you  know  the  facts  to  which  you  testify  T 

Answer.  . 

Question  10.  Have  you  ever  heretofore  made  any  other  timber  culture  entry  ?  If  so,  describe  such  entry  or 
entries  and  state  all  the  particulars. 

Answer.  . 

Question  11.  Is  the  section  specified  in  your  entry  composed  of  prairie  land,  or  was  it  devoid  of  timber  at  the 
date  of  your  entry  ? 

Answer.  . 

Question  12.  State  anything  further  within  your  personal  kaowledge  which  you  have  to  ofiFer  regarding  your 
aforesaid  entry. 

Answer.  . 

(Signature  of  claimant.)  . 

I  hereby  certify  that  each  question  and  answer  in  the  foregoing  testimony  was  read  to  the  claimant  before 

signed name  thereto,  and  that  the  same  was  subscribed  and  sworn  to  before  me  this day  of , 


c. 

(The  testimony  of  two  witnesses  in  this  form,  taken  separately,  required  in  each  case.) 
TIMBER  CULTURE  PROOF. 

TESTIMONY  OF  WaTNESS. 

(Acts  of  March  3,  1873,  March  13,  1874,  and  June  14,  1878.) 


-,  being  called  as  a  witness  in  support  of  the  timber  culture  entry  of No.  — for  the 


ftf  section  — ,  township  — ,  range  — ,  in  the  district  of  lands  subject  to  entry  at ,  testified  as  follows : 

Question  1.  What  is  your  name,  age,  occupation,  and  residence? 

Answer.  . 

Question  2,  Are  you  well  acquainted  with ,  the  claimant;  and,  if  so,  since  what  time  have  yo« 

known  him? 

Answer.  . 

Question  3.  If  you  have  persona!  knowledge  regarding  claimant's  timber  culture  entry,  give  the  date  whea 
said  entry  was  made,  describe  the  tract  or  tracts,  and  state  the  number  of  acres  embraced  therein. 

Answer.  . 

Question  4.  How  far  do  you  reside  from  the  land  described,  and  have  you  had  continuous  personal  knowledg* 
of  said  land  and  the  improvements  thereon  during  the  last  eight  (8)  years? 

Answer.  . 

Question  5.  Was  the  section  embracing  the  entry  of  the  claimant  composed  of  prairie  lands  or  other  lands  de- 
void of  timber?  Describe  the  land  embraced  in  said  section,  whether  undulating  or  otherwise,  and  if  any  natural 
timber  was  growing  on  the  tract  named  at  the  date  of  entry  ;  state  the  kind  or  kinds  of  trees  so  growing,  aB<S 
their  number,  situation,  and  size. 


't?3  THE  AMERICAN  SETTLER'S  GUIDE. 

Answer. . 

Question  6.  How  many  acres' of  the  land  embraced  in  claimant's  entry  were  broken  by  him  during  the  first  year, 
how  many  during  the  second  year,  how  many  during  the  third  year,  respectively,  after  the  date  of  entry  ?  Give 
the  day,  month,  and  year  in  each  instance,  as  near  as  practicable,  when  the  several  breakings  were  done, 
describe  the  methods  of  breaking,  and  in  what  way  your  measurements  were  made,  or  how  you  know  the  area 
or  number  of  acres  brokeu. 

Answer.  . 

Question  7.  Describe  the  way  in  which  the  ground  was  prepared,  and  state  how  many  acres  of  said  tract  were 
planted  to  trees  during  the  second  year  of  said  entry,  giving  the  day,  month,  and  year,  as  near  as  practicable, 
when  the  planting  was  done,  the  kind  or  kinds  of  trees  planted,  and  state  how  you  know  the  area  or  number  of 
acres  so  prepared  and  planted  during  said  second  year. 

Answar.  .  4 

Question  8.  Describe  the  way  in  which  th»  ground  was  prepared,  and  state  how  many  acres  of  said  tract  were 
planted  to  trees  during  the  third  year  of  said  entry,  giving  the  day,  month,  and  year,  as  near  as  practicable, 
when  the  planting  was  done,  the  kind  or  kinds  of  trees  planted,  and  state  how  you  know  the  area  or  number  of 
acres  so  prepared  and  planted  during  said  third  year. 

Answer.  . 

Question  9.  Describe  the  way  in  which  the  ground  was  prepared,  and  state  how  many  acres  of  said  tract  were 
planted  to  trees  during  ihe/otirth  year  of  said  entry,  giving  the  day,  month,  and  year,  as  near  as  practicable 
when  the  planting  was  done,  the  kind  or  kinds  of  trees  planted,  and  state  how  you  know  the  area  or  number  of 
acres  so  prepared  and  planted  during  said  fourth  year. 

Answer.  . 

Question  10.  Has  the  claimant  ever  had  ths  trees,  seeds,  or  cuttings  on  the  tract  embraced  in  his  timber  cul- 
ture entry  destroyed  by  grasshoppers  or  by  extreme  or  unusual  drought?  If  so,  state  the  year  or  years  in  which 
tlie  destruction  took  place,  and  give  all  the  facts  within  your  personal  knowledge. 

Answer.  .  « 

Question  11.  How  many  acres  of  timber  on  the  tract  described  has  the  claimant  planted,  cultivated,  protected, 
and  kept  in  a  healthy  growing  condition  for  the  period  of  eight  (8)  years  last  preceding,  and  from  what  source  is 
your  knowledge  upon  this  point  obtained? 

Answer.  .  • 

Question  12.  Describe  the  condition  of  the  trees  now  growing  on  said  tract,  give  their  average  diameter  and 
height  as  near  as  you  caft,  the  kind  or  kinds  of  trees,  the  number  of  trees  to  the  acre,  and  state  how  you  know 
:he  facts  to  which  you  testify. 

Answer.  . 

Question  13.  Has  the  claimant,  to  your  knowledge,  ever  made  any  other  timber  culture  entry  ? 

Answer.  .  . 

Question  14.  Have  you  any  interest,  direct  or  indirect,  in  this  claim  ? 

Answer.  . 

Question  15.  State  any  further  facts  which  you  may  know  of  your  own  personal  knowledge  regarding  th« 
aforesaid  timber  culture  entry. 

Answer.  — — — . 


(Signature  of  witness.) 


I  hereby  certify  that  the  above-named personally  appeared  before  me,  and  that  he  is  a  credible 

witness;  that  the  foregoing  testimdhy  was  read  to  him  before  being  subscribed,  and  was  sworn  to  by  himbefor*- 
'ne  this day  of ,  18 — . 


D. 

TIMBER  CULTURE.  ' 

•         (Acts  of  March  3,  1873,  March  13,  1874,  and  June  14,  1878.) 

Receiver's  Final  Receipt,  "I  f  Application, 

No.  —.J  1        No.  — . 

Receiver's  Office, 

(Date.)  ,  188-. 

Received  from > ,  of ,  the  sum  of dollars,  being  the  balance  of  payment  requirea  by 

law  for  the  timber  culture  entr>'  of  the of  section  — ,  in  township  — ,  of  range  — ,  containing 

acres,  under  the  acts  of  March  3,  1873,  and  March  13,  1874,  and  the  act  of  June  14,  1B78,  amendatory  thereof, 
entitled  "  An  act  to  amend  the  act  entitle'd  'An  act  to  encourage  the  growth  of  timber  on  the  western  prairies.'  " 


Fareiz'er. 


E. 

Final  Certificate, \  »  /Application, 

No.  — .  ;  t        No.  — . 

TIMBER  CULTURE. 


(Acts  of  March  3,  1873,  March  13,  1874,  and  Jtme  14,  1878.) 

Land  Office  at 
(Date.)  •  day  of  ■ 


It  is  hereby  certified  that,  in  the  pursuance  of  the  provisions  contained  in  the  acts  of  Congress  of  JMarch  3, 1873, 
and  March  13,  1874,  and  the  act  amendatory  thereof  of  June  14,  1878,  entitled  "  An  act  to  amend  the  act  entitled 
*  An  act  to  encourage  the  growth  of  timber  on  the  western  prairies,"' ,  of ,  has  made  pay- 
ment in  full  for of  section  number  — ,  in  township  — ,  of  range  number  — ,  containing acres. 

Now,  therefore,  be  it  known,  that  on  presentation  of  this  certificate  to  the  Commissioner  of  the  General  Land 
Office  tlif  said shall  be  entitled  to  a  patent  for  the  tract  of  land  above  described. 

Rev^ister. 


"•  Late  Rulings  Under  the   Timber  Culture  Laws. 

ft  must  be  nndei-stood  that  where  two  rulings  apcar  to  contiadict,  the  later  ruling  govenu. 

A  clerk  or  Register  or  Receiver,  but  not  a  special  agent,  may  make  a  timber  culture  enln  ir 

district  other  than  the  one  in  which  he  is  located(*). 

A  timber  culture  entr}-  •-  -''  •■-  =  '■  -— --  "■ ;,u.  f^.,/!;,,.,  ,\...  ,    ,v..  -,  o^  ^  clcir.    i, 

.dofficeC). 

A  single  woman  may  mpjiy  aiier  ir.akuig  tne  aincMvu  rr'r.iirei:  m  a  mnber  culture  c. 

A  timber  culture  entry  by  a  \\dfe  is  void  at  inception^). 

A  married  woman  cannot  make  a  homestead  or  timber  culture  entry,  unless  she  has  L.. ; 
^serted  by  her  husband,  or  for  some  other  reason  can  be  regarded  as  the  head  of  (he  fariiilyfe 

A  limber  culture  claimant  is  not  compelled  to  reside  in  the  vState  or  Terr;; 

um  is  located('). 

Where  a  small  quantity  of  timber  exists,  mostly  growing  from  old  stamps  let 
'  land  is  devoid  of  timber(«). 

If  trees  at  maturity  become  deficient  in  quality,  so  as  to  render  them  unserviceable  for  the 

rposes  for  which  timber  trees  are  ordinarily  used,  the  land  upon  -  i---'-   '^    -   ~         ~----^. 

iperly  be  designated  timber  landC^). 

Timber  culture  entry  otlierwise  legal,  made  on  land  containing  a  giov>lii  ot   CGtiouv,  o.' : 

es  at  the  time  w^hen  such  trees  were  not  regarded  as  timber  trees  by  the  Land.  Depaitjndt. 

a  legal  entrl'  on  land  "  devoid  of  timber."     Later  rulings  holding  such  trees  as  timber  trees 

nnot  affect  such  entr)-  or  rights  acquired  thereunder(*). 

rhe  question  as  to  whether  land  is  devoid  of  timber  should  not  be  determined  by  the  exact 

mber  of  trees  growing  thereon,  but  rather  by  ascertaining  whether  nature  has  provided  wHat 

time  will  become  an  adequate  supply  for  the  wants  of  the  people  likely  to  resic 

ct  in  question  (J). 

Where  a  fiatural  growth  of  timber,  vaiying  from  six   to  thirty  inches  in  diameter,  is  seat- 
ed over  eighty  acres  of  a  quarter-section,  such  tract  is  not  subject  to  timber  culture  entryC'). 

Tim'jer  culture  entries  should  be  made  upon  vacant  unimproved  land,  not  upon  cultivated 
i.d  covered  by  the  valuable  improvements  of  another,  and  in  the  po-ssession  of  a!iother(^') . 

.\  tmi!>er  culture  entry  cannot  be  made  on  lands  within  the  incoqiorated  limits  of  a  town(^). 

Application  and  Entry. 

The  affidavit  and  application  in  a  timber  culture  entry  are  considered  as  one  paper,  and  if 
*'ie  affidavit  is  sworn  to  before  the  township  plat  is  on  file  the  application  fails('*). 

Where  an  application  to  enter  under  the  timber  culture  laws  is  pending,  a  homestead  entry 
ull  not  be  allowe'd(*'). 

A  timber  culture  entry  may  embrace  land  in  a  pre-emption  filing,  subject  to  such  pro-emp- 

r's  right(P). 

The  affidavit  and  application  in  a  timber  culture  entiy  cannot  be  made  by  an  agem('^i. 

An  application  erroneous  in  form,  afterwards  corrected,  should  take  effect  from  the  date 
when  first  received  at  the  local  land  office('"). 

The  rehnquishment  of  a  timber  culture  entry  held  for  examination  and  declared  valid  re- 
lates back  to  date  of  filing,  and  an  application  to  enter  presented  between  the  date  of  filing 

(•)  Instnictiun.s,  Land  Owner,  Vol.  lo.  p.  232.  (*)  Foster  z'j.. Patterson,  Z^wrf  0'umer,\'o\.  9,  p.  172. 

;»>)  Grandy  vs.  Bedel!,  Land  Chvner,  Vol.  10,  p.  259.  (')  Bender  Z's.  Voss,  Land  Oivner,  Vol.  10,  p.  171. 

(o)  Effie  J.  Thomas,  Land  Owner,  Vol.  8,  p.  194.  (™)  J.  M.  Dayton,  Land  O-ivner,  Vol.  10,  p.  327. 

'"'}  Glaze  t'^y.  Bogardus,  Zrtwo'  07Liter,Vo\.  10,  p.  232.  (»)  Instruaions,  Z/i«//  Oivner,  Vol.  9,  p.  199. 

■')  Anna  D.  Wohlfarth,  Zrtwrf  Oumer,  Vol.  10,  p.  323.  (»)  Anthony  Sellman,  Land  Owner,  Vol.  9.  p.  172. 

^  Curtis  rj.  Griffes,  Land  Ourmr,  Vol.  9,  p.  172.  (p)  Owings  vs.  Lichtenberger,  Land  Owner,  Vol    9 
'')  Newton  vs.  I^upher,  Land  Owner,  Vol.  10,  p.  171.  p.  197. 

")  Mattem  vs.  Parper,  Land  Oitncr,  Vol.  10,  p.  299.  (q)  John  E.  Cannon,  Land  Owner,  Vol.  9,  p.  64. 

•1  Cudney  vs.  Flanner\-,  Lana  Oitiur,  Vol.  10,  p.  55.  (')  Banks  vs.  Smith,  Land  Owner,  VoL  10,  p.  ?2f»- 
..\  Blanker  vs.  Slosgy,  I^md  Oivn<:r.\Q\.  10,  p.  171. 


94  THE  AMERICAN  SETTLER'S  GUIDE. 

the  relinquishment,  and  the  date  of  canceling  entry  should  be  received  as  the  first  legal  appli- 
cation (*). 

There  is  no  preference  right  of  entry  by  reason  of  settlement  or  of  breaking  a  portion  of 
the  land  prior  to  filing  of  township  plat  in  the  local  land  office(^). 

An  applicant  under  the  timber  culture  law  is  not  reqiyred  to  present  his  application  in 
person,  and  if  he  has  recourse  to  the  mail  for  the  purpose  of  presenting  to  the  local  officers 
the  instrument  of  his  intention,  he  is  entitled  to  the  same  consideration  as  if  personally 
present^). 

Where  timber  culture  applications  are  simultaneous  the  privilege  of  entry  should  be  put  up 
at  auction (•*). 

An  excess  above  i6o  acres  should  be  paid  for  in  cash(*^). 

1 60  acres  may  be  embraced  in  a  timber  culture  entry,  notwithstanding  the  section  in  ques- 
tion is  fractional  and  contains  only  342  acres('). 

Only  one  timber  culture  entry  can  be  allowed  in  a  section  which  embraces  862  acres(K). 

A  successful  contestant  has  thirty  days  to  make  entry.  In  the  meantime,  no  one  can  enter 
other  land  in  the  same  section  under  the  timber  culture  lawC*). 

A  timber  culture  entry  by  another  party  may  be  allowed  within  the  thirty  days  granted  con- 
testant within  which  to  enter  subject  to  the  preference  right  of  contestant('). 

A  timber  culture  entiy  of  arid  land  without  means  of  irrigating  it  indicates  bad  faith,  espe- 
<;ially  if  the  law  is  not  complied  with  in  respect  to  otherwise  preparing  the  land  for  planting(J) 

A  filing  should  not  be  allowed  where  settlement  is  alleged  subsequent  to  date  of  a  timber 
<:ulture  entry  covering  the  same  landC'). 

A  contestant's  entry  dates  from  the  time  it  was  fully  perfected,  and  not  from  date  of  initiat- 
ing contest('). 

A  party  who  appears  to  amend  his  timber  culture  entry  cannot  be  allowed  to  embrace  a 
tract  entered  by  another  timber  culture  claimant  who  has  no  notice  of  the  prior  party's  inten- 
tion to  claim  the  land.  The  first  party  may  be  allowed  to  take  some  other  tract,  or  have  the 
money  paid  as  fees  and  commissions  refunded (™). 

Breaking  and  Cultivation. 

A  season  of  drought  cannot  excuse  the  breaking  required  by  the  timber  culture  laws(°). 

In  a  timber  culture  entry  there  is  no  restriction  when  the  work  must  be  done,  provided  it  is 
done  within  the  required  time(°). 

Where  an  agent  fails  to  do  the  breaking  required  within  the  statutory  period,  the  laches  will 
be  cured  if  the  entryman  procures  breaking  before  contest(P). 

The  object  to  be  attamed  during  the  first  year  by  a  timber  culture  claimant,  is  a  thorough 
overturning  of  the  soil,  not  in  spots,  but  continuously  throughout  the  prescribed  area.  It  is 
immaterial  whether  this  object  be  accomplished  by  plowing  or  otherwise(i). 

If  eighteen  months  have  elapsed  from  date  of  entry,  it  is  not  sufficient  for  a  contestant  to 
allege  non-compliance  with  the  law  during  the  first  year, -but  it  must  he  alleged  that  the  proper 
amount  of  breaking  was  not  done  the  first  year,  nor  up  to  the  time  the  affidavit  was  executed('"). 

Timber  trees  include  eveiy  kind  valuable  for  timber  or  domestic  purposes('). 

(«)  Sim  vs.  McGrew,  Land  Owner,  Vol.  10,  p.  299.  (i)  Thomas  A.  Cheshire,i«7«rf  Owner,  Vol.  8,  p.  195. 

(b)  Samuel  Dewell,  Land  Ozvner,  Vol.  10,  p.  232.  (•»)  Herbert  H.  Moody,  Land  Owner,  Vol.  10,  p.  152. 

(<=)  William  C.  Young,  Land  Owner,  Vol.  11,  p.  26.  (»)  Truax  »j.  Semper,  Land  Owner,  Vol.  9,  p.  79. 

(«)  Instructions,  Land  Owner,  VoL  9,  p.  199.  (o)  Gahan  vs.  Garrett,  La7id  Owner,  Vol.  9  p.  63. 

(«)  Owen  L.  Ramsey,  Land  Owner,  Vol.  9,  p.  172.  (p)  Ewing  vs.  Rickarcl,  Land  Owner,  Vol.  9,  p.  174. 

(0  C.  A.  Rice,  Land  Owner,  Vol.  10,  p.  93.  (q)  Elum  vs.  Petsch,  Land  Owner,  Vol.  11,  p.  25. 

(B)  Edward  Powell,  LandOwner,  Vol.  10,  p.  327,  (r)  Worthington  I'i.  Watson,  Land  Owner.VoX.  ii.p. 
(b)  William  Ehman,  Land  Owner,  Vol.  9,  p.  36.  55. 

(«)  Shanley  vs.  Moran,  Lund  Owner,  Vol.  10,  p.  93,  (•)  M.  C.  George,  Land  Owner,  Vol.  8,  p.  180. 
(i)  Rowe  vs.  Beller,  Land  Owner,  Vol.  10,  p,  380. 
(k)  Tinney  vs.  McDonald,  Land  Ozvner,  Vol.  11,  p. 

«3.  » 


THE  AMERICAN  SETTLER'S  GUIDE.  06 

Tasmanian  gum  tree  may  be  planted  for  timber  culture(*). 

Putting  land  to  crop  is  not  required  under  timber  culture  laws.  The  ground  may  be  har- 
fowed  or  otherwise  properly  prepared  (**). 

Mulching  will  be  allowed  in  timber  culture  entries(<'). 

Cultivation  by  hoeing  and  permitting  a  growth  of  grass  or  weeds  around  young  trees,  whea 
it  will  insure  their  protection  and  growth  better  than  the  customary  cultivation  by  plowing, 
etc.,  is  deemed  a  compliance  with  the  timber-culture  lawC^) 

The  preparation  of  the  land  and  planting  of  trees  are  acts  of  cultivation,  and  the  time  ac- 
tually so  employed  should  be  computed  as  part  of  the  eight  yeax-s  required  in  timber  culture 
cases. 

If  at  the  expiration  of  eight  yeare  from'  date  of  entr^'  the  timber  growing  upon  a  claim  is 
not  in  a  fit  condition  to  meet  the  requirements  of  the  law,  the  claimant  may  be  allowed  five 
years  additional  time  in  order  to  attain  the  required  results,  as  in  this  case,  notwithstanding 
the  party  had  22,600  trees  upon  his  claims). 

A  timber  culture  entry  in  which  the  claimant  fails  to  plant  during  the  third  year  is  for- 
feited(0. 

Final  Proof. 

A  father,  as  heir,  can  complete  the  timber  culture  entry  of  a  deceased  son(*). 

Contest  and  Relinquishment. 

Practice  rule  i  allows  the  initiation  of  contests  against  alleged  abandoned  or  forfeited  home- 
•tead  or  timber  culture  entries  by  any  person,  whether  in  interest  or  not,  but  in  all  other  cases 
(including  pre-emptions)  only  by  a  party  in  interest.  In  view  of  the  irregular  hearing  in  this 
case  the  contestant  acquired  no  rights  and  the  timber  culture  entry  after  relinauishment  of  a 
pre-emption  claim  by  the  contestee  is  allowed  to  stand(**). 

The  affidavit  of  contest  must  be  made  in  timber  culture  cases  after  the  year  has  expired. 
The  difference  of  one  day  is  material('). 

Where  a  qualified  party  desires  to  make  both  a  homestead  and  a  timber  culture  entry,  he 
may  commence  contest  against  two  timber  culture  entries(J). 

A  contest  affidavit  against  a  timber  culture  entry  is  insufficient  if  it  does  not  allege  that  the 
failure  complained  of  exists  at  the  present  timeC'). 

The  charges  in  affidavit  of  contest  against  a  timber  culture  entiy  must  be  specific  as  to 
^antity('). 

H.  entered  in  1876,  but  claimed  the  benefits  of  the  act  of  1878.  This  act  enlarged  the  pro- 
visions of  the  act  of  1874,  but  is  not  inconsistent  therewith  in  respect  to  affidavit  required,  to 
the  effect  that  the  entry  is  made  for  the  cultivation  of  timber,  for  his  own  exclusive  use  and 
benefit,  in  good  faith  for  himself  and  not  for  the  purpose  of  speculation.  The  evidence  shows 
the  law  not  to  have  been  complied  with  in  this  respect,  as  Husted  had  bargained  and  sold  or 
agieed  to  sell  the  entire  tract  to  another,  who  was  to  cultivate  the  land  for  a  time  for  a  part 
of  the  proceeds  of  the  agricultural  crop.  Held,  That  the  entry  should  be  canceled,  as  not 
saving  been  made  with  a  view  to  appropriate  the  land  to  his  own  use,  but  for  speculative  pur- 
poses(™). 

Acts  done  or  omissions  by  the  timber  culture  claimant  since  date  of  initiating  contest  have 
ao  bearing  on  contestant's  rights(°). 

Where  the  first  contest  against  a  timber  culture  entry  is  not  supported  by  law,  anoiher  con- 

<»)  W.  A.  Sanders,  LM.nd  Oivner,  Vol.  8,  y.  194.  (e)  Cowan  vs.  Woodside,  1  and  Cwner,  \o\.  9,  p.  37. 

C*)  Rhodes  vs.  Aver>',  Lattd  C timer.  Vol.  8,  p.  76.  (»>)  Johnson  vs.  1  urke.  Land  Owner,  Vol.  10,  p.  298. 

(«)  Enoch  V/.  Poor,  Land  Ozvner,  Vol.  8,  p.  195.  (')  Stewart  vs.  Carr,  JLand  Cwner,  \  ol.  11,  p.  42. 

(^)  Reynolds  vs.  Sampson,  Land  Owner,  Vol.  10,  p.  (J)  Milton  F.  Hloss,  Lnnd  Livner,  Vol.  10,  p.  107. 

170-  (•=)  Dodge  vs.  Miller,  Land  Otuner,  Vol.  10,  p.  399. 

|«)  Benjamin  F.  Lake,  Land  Ckvner,  Vol.  11,  p.  75.  I})  Rowe  vs.  Feller,  land     ivn^r,  \o\.  10,  p.  380. 

^  Mondelbaum  vs.  lurner.  Land  Ovmer,  Vol.  o,  p,  (")  K!o:<  vs.  Husted,  Land  O-.vner,  Vol.  ii,  p   26. 

27-  (";  Etter  vs.  Noble,  Land  Oivner,  Vol.  10,  p.  196. 


06  THE  AMERICAN  SETTLER'S  GUIDE. 

test  by  another  party  may  be  initiated  against  the  same  entry  notwithstanding  the  first  contest 
IS  still  pending(*). 

The  contestant  in  a  timber  culture  case  must  show  himself  qualified  to  make  entry  of  tJit 
tract-r-except  where  it  is  claimed  that  the  entry  was  illegal  at  inception.  The  contestant  can- 
not shorten  the  thirty  days  period  of  reservation  by  withdrawing  or  relinquishing  his  prefer- 
ence rightC^). 

As  a  condition  precedent  to  a  second  contest  against  the  same  timber  culture  entry,  the 
former  case  must  have  been  finally  adjudicated,  inclu-ding  appeal(''). 

Offering  to  sell  one's  interest  in  a  timber  culture  entry  is  insufficient  ground  for  contest  (''). 

The  act  of  June  14,  187S,  restricts  a  contest  against  a  prior  timber  culture  entry  to  one  who 
eeeks  to  enter  under  the  timber  culture  or  homestead^  law,  and  in  the  absence  of  any  such  ap- 
plication there  is  no  right  of  contest(^). 

Where  the  contestant  dies,  as  his  right  is  a  personal  one,  it  leaves  the  case  between  the  gov- 
ernment and  the  entryman(f). 

An  alien  may  declare  his  intention  to  become  a  citizen  of  the  United  States,  make  a  timber 
culture  entiy,  and  be  absent  from  the  United  States  thereafter  for  two  years  or  more,  without 
forfeiting  his  entry,  provided  he  returns  and  the  timber  culture  law  is  complied  with^«). 

A  qualified  party  may  make  a  relinquishment  of  his  timber  culture  claim  and  re-enter  as 
homestead. 

A  party  cannot  make  relinquishment  of  one  timber  culture  claim  and  make  anoth.er  timber 
culture  entry(*'). 

The  purchaser  of  the  relinquishment  of  a  public  land  entry  gains  no  rights  against  the  United 
States  from  the  mere  fact  of  such  purchase,  and  the  question  of  duplicate  sales  or  of  the  pay- 
ment or  non-payment  of  the  purchase  money,  has  no  legal  bearing  in  the  determination  of  a 
case'M. 


(»)  Bivins  z>s.  Shelly,  Land  Owner;  Vol.  10,  p.  2x2.  (f)  Morgan  vs.  Doyle,  Land  Owner,  Vol,  11,  p.  131. 

iy)  Instructions,  Land  Owner,  Vol.  ro,  p.  42.  (s)  McMiirtrie  vs.  Wright,  Land  Owner,  Vol.  11,  p 
(c)  Schneider  vs.  Bradley,  Land  Owner,  Vol.  9,  p.  64.  25. 

(3)  J.  W.  Farmer,  Land  Owner,  Vol.  8,  p.  93.  (»')  W.  A.  Lewis,  Land  Owner,  Vol.  8,  p.  122. 

(•)  Bnndy  vs.  Livingston,  Land  Owner,  Vol.  9,  p.  (»)  Andrew  Korbe,  Land  Owner,  Vol.  10,  p.  124. 


CHAPTER    VI. 

MISCELLANEOUS. 

I.   Townsites. 

Tiie  President  is  authorized  to  reserve  from  the  public  lands,  whetlier  surveyed  or  unsuf 
\eyed,  townsites  on  the  shores  of  harbors,  at  the  junction  of  rivers,  important  portages,  or  any 
natural  or  prospective  centers  of  population. 

The  old  method  of  obtaining  title  to  townsite  lands  is  as  follows  : 

When,  in  the  opinion  of  the  President,  the  public  interests  require  it,  it  shall  be  the  duty 
of  the  Secretary  of  the  Interior  to  cause  any  of  such  reservations,  or  part  thereof,  to  be  sur- 
veyed into  urban  or  suburban  lots  of  suitable  size,  and  to  fix  by  appraisement  of  disinterested 
persons  their  cash  value,  and  to  offer  the  same  for  sale  at  public  outcry  to  the  highest  bidder, 
and  thence  afterward  to  be  held  subject  to  sale  at  private  entry  according  to  such  regulations 
as  the  Secretary  of  the  Interior  may  prescribe ;  but  no  lot  shall  be  disposed  of  at  public  sale 
or  private  entry  for  less  than  the  appraised  value  thereof.  And  all  such  sales  shall  be  con- 
ducted by  the  Register  and  Receiver  of  the  land  office  in  the  district  in  which  the  reservatior 
may  be  situated,  in  accordance  with  the  instructions  of  the  Commissioner  of  the  Gener? 
Land  Office. 

In  any  case  in  which  parties  have  already  founded,  or  may  hereafter  desire  to  found,  a  city 
or  town  on  the  public  lands,  it  may  be  lawful  for  them  to  cause  to  be  filed  with  the  recorder 
for  the  county  in  which  the  same  is  situated,  a  plat  thereof,  for  not  exceeding  six  hundred 
and  forty  acres,  describing  its  exterior  boundaries  according  to  the  lines  of  the  public  surveys, 
where  such  surveys  have  been  executed ;  also  giving  the  name  of  such  city  or  town,  and  ex- 
hibiting the  streets,  squares,  blocks,  lots,  and  alleys,  the  size  of  the  same,  with  measurements 
and  areas  of  each  municipal  subdivision,  the  lots  in  which  shall  each  not  exceed  four  thousand 
two  hundred  square  feet,  with  a  statement  of  the  extent  and  general  character  of  the  improve- 
ments ;  such  map  and  statement  to  be  verified  under  oath  by  the  party  acting  for  and  in 
behalf  of  the  persons  proposing  to  establish  such  city  or  town ;  and  within  one  month  after 
such  filing  there  shall  be  transmitted  to  the  General  Land  Office  a  verified  transcript  of  such 
map  and  statement,  accompanied  by  the  testimony  of  two  witnesses  that  such  city  or  town 
has  been  established  in  good  faith,  and  when  the  premises  are  within  the  limits  of  an 
organized  land  district,  a  similar  map  and  statement  shall  be  filed  with  the  Register  and 
Receiver;  and  at  any  time  after  the  filing  of  such  map,  statement,  and  testimony  in  the  Gen- 
•iral  I^and  Office,  it  may  be  lawful  for  the  President,  to  cause  the  lots  embraced  within  the 
limits  of  such  city  or  town  to  be  offered  at  public  sale  to  the  highest  bidder,  subject  to  a  min- 
imum of  ten  dollars  for  each  lot;  and  such  lots  as  may  not  be  disposed  of  at  public  sale 
shall  thereafter  be  liable  to  private  entry  at  such  minimum,  or  at  such  reasonable  increase  or 
diminution  thereafter  as  the  Secretary  of  the  Interior  may  order  from  time  to  time,  after  at 
least  three  months'  notice,  in  view  of  the  increase  or  decrease  in  the  value  of  the  municipal 
property.  But  any  actual  settler  upon  any  one  lot,  as  above  provided,  and  upon  any  addi- 
tional lot  in  which  he  may  have  substantial  improvements,  shall  be  entitled  to  prove  up 
and  purchase  the  same  as  a  pre-emption,  at  such  minimum,  at  any  time  before  the  day  fixed 
for  the  public  sale. 

When  such  cities  or  towns  are  established  upon  unsurveyed  lands,  it  may  b-e  lawful,  after 
the  extension  thereto  of  the  public  surveys,  to  adjust  the  extension  limits  of  the  premises 
according  to  those  lines,  where  it  can  be  done  without  interference  with  rights  which  may  ht 

7  (y?) 


08  THE   AMERICAN    SETTLER'S   GUIDE. 

vested  by  sale.     Ff.tents  for  all  lots  so  disposed  of  al  public  or  private  sale  are  issued  as  m 
ordinary  cases. 

If  witi:in  twelve  months  from  the  establishment  of  a  city  or  town  on  the  public  domain,  the 
parties  interested  refuse  or  fail  to  file  in  the  General  Land  Office  a  transcript  map,  with  the 
statement  and  testimony  called  for  above,  the  Secretary  of  the  Interior  will  cause  a  survey  and 
plat  to  be  made  of  such  city  or  town,  and  thereafter  the  lots  in  the  same  shall  be  disposed  of 
as  required  by  such  provisions,  with  this  exception,  that  they  shall  each  be  at  an  increase  of 
fifty  per  centum  on  the  minimum  of  ten  dollars  per  lot. 

The  preceding  method  is  not  much  used.     The  better  one  is  as  follows : 

In  case  the  town  is  incorporated,  the  corporate  authorities  thereof,  and,  if  not  incorporated, 
the  judge  of  the  county  court  for  the  county  in  which  the  town  is  situated,  may  enter  at  the 
proper  United  States  land  office,  and  at  the  minimum  price  of  5i-25  per  acre,  the  land  so 
settled  and  occupied  for  townsite  purposes,  in  trust  for  the  occupants. thereof,  according  to  their 
respective  intei-ests ;  the  execution  of  which  trust,  as  to  the  disposal  of  the  lots  in  the  town, 
and  the  proceeds  of  the  sales  thereof,  to  be  conducted  under  such  regulations  as  may  be  pre- 
scribed by  the  legislature  of  the  State  or  Territory  in  which  the  same  may  be  situated. 

The  entry  of  the  land  must  be  made,  or  a  declaratory  statement  of  the  purpose  of  the 
inhabitants  to  enter  it  as  a  townsite  must  be  filed  with  the  Register  of  the  proper  land  office, 
prior  to  the  commencement  of  the  public  sale  of  the  body  of  land  in  which  it  is  included,  and 
the  entry  or  declaratory  statement  must  include  only  such  land  as  is  actually  occupied  by  the 
town,  and  the  title  to  which  is  in  the  United  States ;  but  m  any  Territory  in  which  a  land 
office  may  not  have  been  established,  such  declaratory  statements  may  be  filed  with  the  sur- 
veyor-general of  the  surveying  district  in  which  the  lands  are  situated,  who  shall  transmit  the 
same  to  the  General  Land  Office. 

Where  the  number  of  inhabitants  is  one  hundred  and  less  than  two  hundred,  not  exceeding 
tliree  hundred  and  twenty  acres  can  be  embraced  in  an  entry ;  where  the  population  is  more 
than  two  hundred  and  less  than  one  thousand,  not  exceeding  six  hundred  and  forty  acres;  and 
where  the  inhabitants  number  one  thousand  and  over,  not  exceeding  twelve  hundred  and 
eighty  acres ;  and  for  each  additional  one  thousand  inhabitants,  not  exceeding  five  thousand 
in  all,  a  further  grant  of  three  hundred  and  twenty  acres  is  allowed. 

If  upon  surveyed  lands,  the  entry  shall  in  its  exterior  limits  be  made  in  conformity  to  the 
legal  subdivisions  of  the  public  lands  authorized  by  law. 

When  it  is  desired  to  enter  a  townsite  found  upon  the  unsurveyed  public  lands,  a  written 
application  should  be  presented  to  the  surveyor-general  of  the  proper  district  for  a  survey,  and 
the  amount  estimated  by  him  as  sufficient  to  cover  the  said  cost  and  expenses  must  be 
deposited  with  any  Assistant  United  States  Treasurer  or  designated  depositary  in  favor  of  the 
United  States  Treasurer,  the  depositor  taking  a  duplicate  certificate  of  deposit,  one  to  be  filed 
with  the  surveyor-general,  and  the  other  retained  by  the  depositor.  On  receiving  such  cer- 
tificate, showing  that  the  requisite  sum  has  been  deposited  in  a  proper  manner  to  pay  for  the 
work,  the  surveyor-general  will  transmit  to  the  Register  and  Receiver  of  the  district  land  office 
his  certificate  of  such  payment  having  been  made,  and  will  contract  with  a  competent  United 
States  deputy  surveyor,  and  have  the  survey  made  and  returned  in  the  same  manner  as  other 
public  surveys,  after  which  the  lands  embraced  within  the  site  may  be  entered,  or  filed  upon, 
OS  in  the  case  of  townsites  upon  surveyed  lands. 

All  military  and  other  reservations  of  the  United  States,  private  gi-ants,  and  valid  mining 
claims  are  excluded  from  the  operation  of  these  townsite  laws.  In  patents  issued  thereunder 
it  is  expressly  declared  as  follows,  viz :  "  No  title  shall  be  hereby  acquired  to  any  mine 
of  gold,  silver,  cinnabar,  or  copper,  or  any  valid  mining  claim  or  possession  held  under  ex 
isting  laws  of  Congress." 

The  amount  of  land  that  can  be  reserved  from  pre-emption  and  homestead  entry,  by  reason 
of  the  existence  or  incorporation  of  a  town  upon  the  public  domain,  is  two  thousand  five 
hundred  and  sixty  acres,  unless  the  excess  shall  "  be  actually  settled  upon,  inhabitec},  im- 
proved, and  used  for  business  and  municipal  purposes." 


THE  AMERICAN  SETTLER'S   GUIDE.  9J> 

Pre-emption  and  homestead  entries  already  made  within  the  corporate  limits  of  a  town  arc 
confirmed,  the  entries  being  regular  in  all  respects  j  Provided^  it  shall  be  satisfactorily  shown 
that  the  lands  so  entered  are  "  not  settled  upon  or  used  for  any  municipal  purpose,  nor  de- 
voted to  any  public  use  of  such  town," 

When  the  corporate  limits  of  a  town  embrace  lands  in  excess  of  the  maximum  quantity 
allowed,  the  proper  authorities  may  select  those  portions  that  are  actually  occupied,  used,  and 
improved  for  municipal  purposes,  which  lands  shall  be  reserved  from  pre-emption  and  home- 
stead entry,  and  the  residue  will  be  restored,  or  become  subject  to  such  settlement  and  entry. 
This  selection  must  be  made  within  sixty  days  from  notice ;  and  in  default  thereof,  a  hearing 
will  be  ordered  and  testimony  taken  as  to  the  condition  of  the  land,  and  such  portion  set 
apart  as  shall  appear  to  be  within  the  meaning  of  the  act. 

Additional  entries  may  be  made  by  towns,  where  entries  have  already  been  made,  in  cases 
in  which  an  increase  in  the  number  of  inhabitants  would  entitle  them  to  an  entry  of  a  larger 
area;  such  entries,  however,  to  be  within  the  maximum  amount,  or  two  thousand  five  hundred 
and  sixty  acres. 

The  inhabitants  of  these  towns  or  cities  are  limited,  however,  to  one  or  the  other  of  the 
modes  provided  in  the  law,  and  cannot  commence  proceedings  under  both  systems. 

II.    Railroad  Grants. 

a.    HOMESTEAD   AND    PRE-EMPTION   CLAIMS   IN   GENERAL. 

Under  the  provisions  of  the  acts  of  Congress  granting  lands  to  aid  in  the  construction  of 
railroads,  wherein  there  are  excepted  from  such  grants  the  lands  to  which  a  valid  pre-emption 
or  homestead  right  had  attached  at  the  time  when  the  grant  may  have  become  effective,  the 
Land  Department  has  decided  as  follows : 

1.  A  homestead  entiy,  made  by  a  person  duly  qualified,  which  is  in  all  respects  regular 
and  legal,  excepts  the  land  covered  thereby  from  tlie  operation  of  a  railroad  grant  attaching 
during  the  existence  of  such  entiy. 

Under  this  ruling  it  is  no  longer  necessary  to  hold  investigations  for  the  purpose  of  inquir 
ing  into  the  period  of  residence  of  the  claimant,  his  acts  respecting  settlement  upon  ana 
cultivation  of  the  tract,  etc. ;  but,  if  the  entry  appears  upon  its  face  to  be  valid,  no  hearing 
will  be  ordered. 

In  case  allegations  arc  pi-esented  by  a  railroad  company  tending  to  show  fraud  or  irregu- 
larity in  the  initiation  of  the  entry,  proper  opportunity  will  be  afforded  for  the  presentation  of 
proof  thereof. 

The  law  (section  2289,  United  States  Revised  Statutes)  requires  that  a  person  making  a 
homestead  entry  must  be  over  twenty-one  years  of  age,  or  the  head  of  a  family,  and  a  citizen 
of  the  United  States,  or  have  declared  his  intention  to  become  such ;  and,  at  the  lime  of 
making  such  entry,  he  must  swear  that  it  is  made  for  the  purpose  of  cultivation,  and  not 
directly  or  indirectly  for  the  use  and  benefit  of  any  other  person. 

The  foregoing  regulation  has  reference  only  to  lands  within  the  granted  limits  of  railroads, 
the  Supreme  Court  of  the  United  States  having  recently  decided,  in  the  case  of  Michael  Ryan 
vs.  Central  Pacific  Railroad  Company,  that  the  right  to  indemnily  lands  does  not  attach  until 
those  lands  are  regularly  selected.  Where,  however,  entries  or  fdings  have  been  admitted 
upon  lands  within  the  indemnity  limits  of  any  railroad  grant,  they  will  be  allowed  to  stand 
awaiting  the  final  adjustment  of  such  grant,  when,  if  the  tracts  are  not  required  in  satisfaction 
thereof,  the  entries  or  filings  may  be  consummated. 

2.  A  pre-emption  claim  whtch  may  have  existed  to  a  tract  of  land  at  the  time  of  the  o^ach- 
ment  of  a  railroad  grant,  if  subsequently  abandoned  and  not  consummated,  even  thoiign  in  all 
respects  legal  and  bona  fide,  will  not  defeat  the  grant,  it  being  held  that  upon  the  failure  of 
such  claim  the  land  covered  thereby  goes  to  the  grant  as  of  the  date  when  the  grant  became 
effective. 

Under  this  ruling,  no  hearings  can  be  ordered  for  the  purpose  of  ascertaining  the  facts 
respecting  the  settlement,  occupation,  improvement  of  the  land,  etc.,  by  such  pre-empuo« 


too  THE  AMERICAN  SETTLER'S  GUIDE. 

claimant  at  time  of  the  attachment  of  the  grant;  for  if  such  facts  are  established,  undei  the  de- 
cision, the  land  is  excepted  from  the  grant. 

b.    RELINQUISHMENTS    IN   FAVOR    OF   SETTLERS. 

By  an  act  of  Congress  approved  June  22,  1874,  (18  Stat.,  p.  194,)  it  is  provided  : 

That  in  the  adjustment  of  all  railroad  land  grants,  whether  made  directly  to  any  railroad 
company  or  to  any  State  for  railroad  purposes,  if  any  of  the  lands  granted  be  found  in  the 
possession  of  an  actual  settler  whose  entry  or  filing  has  been  allowed  under  the  pie-emption 
or  homestead  laws  of  the  United  States  subsequent  to  the  time  at  which,  by  the  decision  of 
the  land  office,  the  right  of  said  road  was  declared  to  have  attached  to  such  lands,  the 
grantees,  upon  a  proper  relinquishment  of  the  lands  so  entered  or  filed  for,  shall  be  entitled 
to  select  an  equal  quantity  of  other  lands  in  lieu  thereof  from  any  of  the  public  lands  not 
mineral,  and  within  the  limits  of  the  grant,  not  otherwise  appropriated  at  the  date  of  selection^ 
to  which  they  shall  receive  title  the  same  as  though  originally  granted.  And  any  such  entries 
or  filings  thus  relieved  from  conflict  may  be  perfected  into  complete  title  as  if  such  lands  had 
not  been  granted :  Provided,  That  nothing  herein  contained  shall  in  any  manner  be  so  con 
strued  as  to  enlarge  or  extend  any  grant  to  any  such  railroad,  or  to  extend  to  lands  reserved 
in  any  land  grant  made  for  railroad  purposes  :  And  provided  further.  That  this  act  shall  not 
be  construed  so  as  in  any  manner  to  confirm  or  legalize  any  decision  or  ruling  of  the  Interior 
Department  under  which  lands  have  been  certified  to  any  railroad  company,  when  such  lands 
have  been  entered  by  a  pre-emption  or  homestead  settler  after  the  location  of  the  line  of  the 
road,  and  prior  to  the  notice  to  the  local  land  office  of  the  withdrawal  of  such  lands  from 
market. 

An  inducement  is  thus  offered  to  such  railroad  companies  as  may  be  found  entitled  to  lands 
held  by  actual  settlers  under  the  pre-emption  or  homestead  laws,  to  relinquish  in  favor  of  the 
settlers,  and  receive  other  la:nds  in  lieu  of  those  surrendered. 

Upon  the  filing  of  such  relinquishment,  the  General  Land  OfBce  is  authorized  to  recognize 
he  filing  or  entry  of  the  settler  in  the  same  manner  as  if  the  land  had  not  been  granted  to  the 
ailroad  company.     Relinquished  lands  are  rated  at  ^1.25  per  acre. 

When  the  superior  right  of  the  company  is  ascertained,  and  it  is  found  that  the  claim  of  the 
settler  is  such  that  it  would  be  admitted  were  the  railroad  claim  extinguished,  the  General 
Land  Office  will,  in  all  practicable  cases,  direct  the  attention  of  the  officers  of  the  company  to 
the  fact,  and  request  an  explicit  answer  whether  or  not  the  land  will  be  relinquished. 

At  the  same  time  it  will  be  well  for  the  party  interested  to  seek  for  himself  the  relief  indi- 
cated by  direct  application  to  the  railroad  authorities,  and  thereby  aid  in  securing  a  speedy 
and  satisfactory  adjustment. 

C.    CONFIRMATION    OF   PRE-EMPTION   AND    HOMESTEAD    CLAIMS. 

On  the  2ist  of  April,  1876,  Congress,  by  an  act  entitled  "An  act  to  confirm  pre-emption 
and  homestead  entries  of  public  lands  within  the  limits  of  railroad  grants,  in  cases  where 
such  entries  have  been  made  under  the  regulations  of  the  Land  Department,"  declared  : 

That  all  pre-emption  and  homestead  entries,  or  entries  in  compliance  with  any  law  of  the 
United  States,  of  the  public  lands,  made  in  good  faith  by  actual  settlers,  upon  tracts  of  land 
of  not  more  than  one  hundred  and  sixty  acres  each,  within  the  limits  of  any  land  grant,  prior 
to  the  time  when  notice  of  the  withdrawal  of  the  lands  embraced  in  such  gi-ant  was  received 
at  the  local  land  office  of  the  district  in  which  such  lands  are  situated,  or  after  their  restora- 
tion to  market  by  order  of  the  General  Land  Office,  and  where  the  pre-emption  and  home- 
stead laws  have  been  complied  with,  and  proper  proofs  thereof  -have  been  made  by  the  parties 
holding  such  tracts  or  parcels,  they  shall  be  confirmed,  and  patent  for  the  same  shall  issue  to 
the  parties  entitled  thereto.  / 

Section  2.  That  when  at  the  time  of  such  withdrawal  as  aforesaid  valid  pre-emption  or 
homestead  claims  existed  upon  any  lands  within  the  limits  of  any  such  grants  which  after- 
ward were  abandoned,  and,  under  the  decisions  and  rulings  of  the  Land  Department,  were 
re-entered  by  pre-emption  or  homestead  claimants  who  have  complied  with  the  law  governing 


THE  AMERICAN   SETTLER'S  GUIDE  101 

pre-emption  or  homestead  entries,  and  shall  make  the  proper  proofs  required  under  such  laws 
such  entries  shall  be  deemed  valid,  and  patents  shall  issue  therefor  to  the  person  entitled 
thereto. 

Section  3.  That  all  such  pre-emption  and  homestead  entries  which  may  have  been  made 
by  permission  of  the  Land  Department,  or  in  pursuance  of  the  rules  and  instructions  thereof 
within  the  limits  of  any  land  grant,  at  a  time  subsequent  to  expiration  of  such  grant,  shall  be 
deemed  valid,  and  a  compliance  with  the  laws  and  the  making  of  the  proof  required  shall 
entitle  the  holder  of  such  claim  to  a  patent  therefor. — (19  Stat., p.  35.) 

It  is  required  that  every  application  under  this  act  shall  be  in  such  form  as  to  distinctly  set 
forth  the  facts  in  the  case,  and  the  specific  grounds  upon  which  the  party  applying  claims  to 
be  included  in  the  terms  of  the  law ;  and  after  the  application  shall  have  been  filed,  the 
applicant  shall  be  allowed,  to  make  proof  of  compliance  with  the  pre-emption  or  homestead 
laws  as  provided  in  tliis  act. 

Applications  under  this  act  must,  in  all  cases,  be  made  to  the  local  land  officers  of  the 
district  within  which  the  land  claimed  is  situated,  and  the  proof  required  must  be  taken  be 
fore  them,  or  before  any  person  authorized  by  law  to  take  the  same. 

No  person  shall  be  deemed  to  have  lost  any  right  who  failed  to  make  the  proof  required 
by  the  pre-eniption  or  homestead  laws,  by  reason  of  any  decision  or  ruling  of  the  General 
Land  Office  prior  to  the  approval  of  this  act,  and  all  such  persons  may  now  make  the  proof 
required. 

in.    State  Lands. 

The  lands  for  sale  by  the  several  States  were  mostly  donated  to  them  by  the  general 
Government  for  internal  improvements  and  educational  purposes.  Some  States,  like  Texas, 
derived  their  public  lands  from  a  foreign  power.  The  sixteenth  and  thirty-sixth  sections*in 
every  township  in  the  public  land  States  and  Territories  are  reserved  for  school  purposes,  and 
must  be  bought  of  the  State,  unless  the  settler  went  thereon  prior  to  their  survey  in  the  field 
when  he  is  allowed  to  secure  title  through  the  United  States  Land  Office.  Parties  who  find 
from  the  United  States  officers  that  the  lands  they  wish  to  buy  belong  to  the  State,  should 
apply  to  the  State  land  officers.  (See  Chapter  VH.)  The  advantages  claimed  on  behalf  of 
State  lands  are: 

I.  They  are  mostly  situated  in  the  older  portions  of  the  State,  where  the  settler  has  the 
advantages  of  railroad  facilities,  towns  and  markets,  and  where  school  houses,  churches,  and 
court  houses  are  already  built,  and  society  fully  organized.  2.  They  are  sold  on  long  time, 
in  annual  installments,  at  a  moderate  rate  of  interest.  3.  The  title  comes  directly  from  the 
State,  and  there  can  be  no  question  as  to  title  because  of  mortgages,  judgments,  back  taxes, 
€tc.  4.  The  purchaser  can  pay  up  the  balance  due  at  any  time  within  the  long  period  allowed 
by  the  State,  and  procure  a  deed. 

IV.    Private  Land  Claims. 

These  claims  arise  under  grants  of  various  kinds  from  foreign  governments,  from  whom 
the  United  States  obtained  the  country  by  treaty.  The  majority  are  of  Mexican  origin,  while 
many  Spanish,  and  some  French  and  English,  claims  remain  unadjusted.  No  one  will  pur- 
chase land  under  these  unpatented  grants  without  first  securing  the  favorable  opinion  in  writ- 
aig  of  a  land  lawyer. 

As  these  claims  are  protected  by  treaty  stipulations,  they  are  not  defeated  by  railroad  grants, 
State  selections,  mining  locations  or  homestead,  pre-emption,  or  other  claims  under  the  United 
Stales.  Many  fraudulent  private  land  claims  exist,  and  of  these  all  settlers  should  beware, 
for  they  are  worthless  and  void.     Whoever  invests  in  them  wastes  his  money. 

Immigrants  will  be  cautious  about  settling  upon  land  claimed  under  a  foreign  title,  for  they 
are  likely  to  be  expelled  by  the  courts  as  trespassers,  and  the  money  they  may  have  invested 
in  buildings  and  improvements  will  be  a  total  loss. 

Settlers  will  occasionally  be  offered  lands  held  under  some  special  or  private  act  of  Con- 
gross.     Only  on  a  clear  abstract  of  title,  showing  the  land  to  be  free  from  taxes,  judgments 

(»)   In  the  older  Stales   only  the  si.vtf.emh  section  is  reserved  for  school  purposes 


102  THE  AMERICAN   SETTLER'S   GUIDE. 

and  morty:ages,  made  at  the  expense  of  the  seller,  and  tracing  the  title  back  to  the  government 
or  other  satisfactory  source,  should  the  settler  buy  lands  of  a  private  individual  or  corporation, 

V.  Indian  Lands. 
Certain  lands  in  the  Territories  and  States  arc  set  apart  for  the  use  of  Indians.  No  one  ia 
allowed  to  prospect  for  minerals  or  settle  upon  these  lands.  Through  the  united  action  of  a 
delegation  in  Congress,  the  boundaries  of  an  Indian  reservation  may  be  changed.  Should 
a  settler's  improvements  be  included  within  the  limits  of  a  reservation  set  apart  after  he  settled 
upon  the  land,  he  will  receive  pay  from  the  government,  usually  at  the  full  value,  for  what- 
ever has  been  taken  from  him. 

VI.   Mines  and  Mineral  Lands.  {°-) 

Lands  valuable  for  deposits  of  minerals,  such  as  fire  and  pottery  clays,  marble,  asphalt, 
soda,  sulphur,  diamonds,  or  of  the  precious  and  common  metals,  are  subject  to  sale  under  the 
mining  laws.  A  location  must  be  first  duly  made  and  recorded.  Certain  sums  must  be 
annually  expended,  and  five  hundred  dollars  worth  of  labor  and  improvements  must  be  laid 
cut  on  the  claim  before  patent  can  be  applied  for.  The  rules  and  regulations  and  methods 
of  procedure  are  fully  set  forth  and  explained  in  Copp's  American  Mining  Code, 

Mining  locations  defeat  all  railroad  and  state  selections,  if  the  mines  and  minerals  were 
discovered  and  known  to  exist  or  were  located  prior  to  the  time  the  railroad  and  state  claims 
took  efiect.  Private  land  claims  derived  fiom  foreign  governments  alone  can  defeat  mining 
locations. 

Homestead,  pre-emption  and  timber-culture  entries  cannot  embrace  known  mineral  lands, 
unless  it  be  first  shown  that  the  lands  sought  to  be  entered  are  more  valuable  for  agricultural 
ourposes  than  for  the  minerals  they  contani. 

VII.   Coal  Lands. 

The  act  of  Congress  approved  March  3,  1873,  entitled  "  An  act  to  provide  for  the  sale  of  the 
lands  of  the  United  States  containing  coal,"  is  as  follows:  [Section  2347  to  2352  R.  S.] 

Be  it  enactedy  etc..  That  any  person  above  the  age  of  twenty-one  years  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  become  such,  or  any  association  of  persons 
severally  qualified  as  above,  shall,  upon  application  to  the  Register  of  the  proper  land  office, 
have  the  right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant  coal  lands  of  the  United 
States  not  otherwise  appropriated  or  reserved  by  competent  authority,  not  exceeding  one 
hundred  and  sixty  acres  to  such  individual  person,  or  three  hundred  and  twenty  acres  to  such 
association,  upon  payment  to  the  Receiver  of  not  less  than  ten  dollars  per  acre  for  such  lands, 
where  the  same  shall  be  situated  more  than  fifteen  miles  from  any  completed  railroad,  and  not 
less  than  twenty  dollars  per  acre  for  such  lands  as  shall  be  within  fifteen  miles  of  such  road. 

Section  2.  That  any  person  or  association  of  persons  severally  qualified  as  above,  who 
have  opened  and  improved,  cr  shall  hereafter  open  and  improve,  any  coal  mine  or  mines 
upon  the  public  lands,  and  shall  be  in  actual  possession  of  the  same,  shall  be  entitled  to  a 
preference  right  of  entry,  under  the  foregoing  provisions,  of  the  mines  so  opened  and 
improved:  Provided^  That  when  any  association  of  not  less  than  four  persons,  severally 
qualified  as  in  section  one  of  this  act,  shall  have  expended  not  le«:s  than  five  thousand  dollars 
in  working  and  improving  any  such  mine  or  mines,  such  association  may  enter  not  exceeding 
six  hundred  and  forty  acres,  including  such  mining  improvements. 

Section  3.  That  all  claims  under  section  two  of  this  act  must  be  presented  to  the  Register 
of  the  proper  land  district  within  sixty  days  after  the  date  of  actual  possession  and  the  com- 
mencement of  improvements  on  the  land  by  the  filing  of  a  declaratory  statement  therefor: 
Provided,  That  when  the  township  plat  is  not  on  file  at  the  date  of  such  improvement,  filing 
must  be  made  within  sixty  days  from  the  receipt  of  such  plat  at  the  district  office:  Atid pro- 
vided further.  That  where  the  improvements  shall  have  been  made  prior  to  the  expiration  of 
three  monlhs  from  the  passage  of  this  act,  sixty  days  from  the  expiration  of  said  three  months 

(»)  See  note  (•>)  on  first  page  of  Title  III.  which  siioult!  include  Alabama. 


THE  AMERICAN   SETTLER'S  GUIDE.  108 

shall  be  allowed  for  the  filing  of  a  declaratory  statement,  and  no  sales  under  the  provisions  ol 
this  act  shall  be  allowed  until  the  expiration  of  six  months  from  the  date  hereof. 

Secfiox  4.  That  this  act  shall  be  held  to  authorize  only  one  entry  by  the  same  person  01 
association  of  persons  under  its  provisions ;  and  no  association  of  persons,  any  member  of 
which  shall  have  taken  the  benefit  of  this  act  either  as  an  individual  or  as  a  member  of  any 
other  association,  shall  enter  or  hold  any  other  lands  under  the  provisions  of  this  act;  and  no 
member  of  any  association  which  shall  have  taken  the  benefit  of  this  act  shall  enter  or  hold 
any  other  lands  under  its  provisions;  and  all  persons  claiming  under  section  two  hereof  shah 
be  required  to  prove  their  respective  rights  and  pay  for  the  lands  filed  upon  within  one  year 
from  the  time  prescribed  for  filing  their  respective  claims ;  and  upon  failure  to  file  the  propei 
notice,  or  to  pay  for  the  land  within  the  required  period,  the  same  shall  be  subject  to  entry  bj 
any  other  qualified  applicant. 

Section  5.  That  in  case  of  conflicting  claims  upon  lands  where  the  improvements  shall  be 
hereafter  commenced,  priority  of  possession  and  improvement,  followed  by  proper  filing  and 
continued  good  faith,  shall  determine  the  preference  right  to  purchase;  and  also  where 
improvements  have  already  been  made  at  the  date  of  the  passage  of  this  act,  division  of  the 
land  claimed  may  be  made  by  legal  subdivisions,  to  include,  as  near  as  may  be,  the  valuable 
improvements  of  the  respective  parties;  and  the  Commissioner  of  the  General  Land  Office 
shall  be,  and  is  hereby,  authorized  to  issue  all  needful  rules  and  regulations  for  carrying  into 
effect  the  provisions  of  this  act. 

Section  6.  That  nothing  in  this  act  shall  be  construed  to  destroy  or  impair  any  rights 
which  may  have  attached  prior  to  its  passage,  or  to  authorize  the  sale  of  lands  valuable  for 
mines  of  gold,  silver,  or  copper. 

The  sale  of  coal  lands  is  provided  for — 

1.  By  ordinary  private  entry  under  section  I. 

2.  By  granting  a  preference  right  of  purchase  based  on  priority  of  possession  and  improve- 
ment under  section  2. 

The  land  entered  under  either  section  must  be  by  legal  subdivisions,  as  made  by  the  regular 
United  States  survey.  Entry  is  confined  to  surveyed  lands ;  to  such  as  are  vacant,  not  other- 
wise appropriated,  reserved  by  competent  authority,  or  containing  valuable  minerals  other 
than  coal. 

Individuals  and  associations  may  purchase.  If  an  individual,  he  must  be  twenty-one  years 
of  age  and  a  citizen  of  the  United  States,  or  have  declared  his  intention  to  become  such 
citizen. 

If  an  association  of  persons,  each  must  be  qualified  as  above. 

A  person  is  not  disqualified  by  the  ownership  of  any  quantity  of  other  land,  nor  by  having 
removed  from  his  own  land  in  the  same  State  or  Territory. 

Any  individual  may  enter  by  legal  subdivisions  as  aforesaid  any  area  not  exceeding  one 
hundred  and  sixty  acres. 

Any  association  may  enter  not  to  exceed  three  hundred  and  twenty  acres. 

Any  association  of  not  less  than  four  persons,  duly  qualified,  who  shall  have  expended  not 
less  than  $5,000  in  working  and  improving  any  coal  mine  or  mines,  may  enter  under  section 
2  not  exceeding  six  hundred  and  forty  acres,  including  such  mining  improvements. 

The  price  per  acre  is  $10  where  the  land  is  situated  more  than  fifteen  miles  from  any  com- 
Dieted  railroad,  and  $20  per  acre  where  the  land  is  ivithin  fifteen  miles  of  such  road. 

Where  the  land  W^s partly  Tvii hi n  fifteen  miles  of  such  road  and  \xv  part  outside  such  limit; 
the  maximum  price  must  be  paid  for  all  legal  subdivisions  the  greater  part  of  which  lies 
within  fifteen  miles  of  such  road. 

The  term  "completed  railroad"  is  held  to  mean  one  which  is  actually  constructed  on  the 
ace  of  the  earth ;  and  lands  within  fifteen  miles  of  any  point  of  a  railroad  so  constructed 
vill  be  held  and  disposed  of  at  $20    per  acre,  if  constructed  at  date  of  payment. 

Any  duly  qualified  person  or  association  must  be  preferred  as  purchasers  of  those  public 
lands  on  v/hich  they  have  opened  and  improved,  or  shall  open  and  improve,  any  coai  mine  oj 
mine*?   onrl  which  th**v  «:hall  have  in  actual  oossession. 


104  THE   AMERICAN   SETTLER'S   GUIDE. 

Possorsioti  by  agent  is  recognized  as  the  possession  of  the  principal.  The  clearest  proof  on 
the  point  of  agency  must,  however,  be  required  in  every  case,  and  a  clearly-defined  posses- 
sion must  be  established. 

The  opening  and  i?np-oving  of  a  coal-mine,  in  order  to  confer  a  preference  right  of  pur- 
chase, must  not  be  considered  as  a  mere  matter  of  form ;  the  labor  expended  and  improv© 
ments  made  must  be  such  as  to  clearly  indicate  the  good  faith  of  the  claimant. 

These  lands  are  intended  to  be  sold,  where  there  are  adverse  claimants  therefor,  to  the 
party  who,  by  substantial  improvements,  actual  possession,  and  a  reasonable  industry,  shows 
an  intention  to  continue  his  development  of  the  mines  in  preference  to  those  who  would 
purchase  for  speculative  purposes  only. 

In  conflicting  claims,  where  improvement  has  been  made/reV  io  March  3,  1873,  if  each 
party  make  subsequent  compliance  with  the  law,  the  land  will  be  awarded  by  legal  subdivi- 
srions,  so  as  to  secure  to  each  as  far  as  possible  his  valuable  improvements ;  there  beingno  pro- 
vision in  the  act  allowing  a  joint  entry  by  parties  claiming  separate  portions  of  the  same 
legal  subdivision. 

In  conflicts,  when  improvements,  etc.,  have  been  commenced  subsequent  to  March  3,  1873, 
or  shall  be  hereafter  commenced,  priority  of  possession  and  improvement  shall  govern  the 
award  when'  the  law  has  been  fully  complied  with  by  each  party.  A  mere  possession,  how- 
ever, without  satisfactoiy  improvements,  will  not  secure  the  tract  to  the  first  occupant  when  a 
subsequent  claimant  shows  his  full  compliance  with  the  law. 

After  an  entry  has  been  allowed  to  one  party,  no  investigation  will  be  had  concerning  it  at 
the  instance  of  any  person,  except  on  instructions  from  the  General  Land  Office.  All  affi- 
davits will  be  received  concerning  such  case,  and  forwarded  to  the  General  Land  Office,  ac- 
companied by  a  statement  of  the  facts  as  shown  by  the  records. 

Prior  to  entry,  it  is  competent  for  the  local  officers  to  order  an  investigation,  on  suflftcient 
grounds,  set  forth  under  oath  of  a  party  in  interest  and  substantiated  by  the  affidavits  of  disin 
terested  and  credible  witnesses. 

Notice  of  contest,  in  every  case  where  the  same  is  practicable,  must  be  made  by  reading  it 
to  the  party  to  be  cited,  and  by  leaving  a  copy  with  him.  This  notice  must  proceed  from  the 
local  office,  and  be  signed  by  the  Register  or  Receiver.  Where  such  personal  service  cannot 
be  made  by  reason  of  the  absence  of  the  party,  and  because  his  whereabouts  are  unknown,  j^ 
copy  may  be  left  at  his  residence,  or,  if  this  is  unknown,  by  posting  a  copy  in  a  conspicuous 
place  on  the  tract  in  controversy,  and  by  publication  in  a  weekly  newspaper  having  the  largest 
general  circulation  in  the  vicinity  of  the  land  (where  no  newspaper  shall  be  specified  by  the 
General  Land  Office)  for  five  consecutive  insertions,  covering  a  period  of  four  weeks  next  prior 
to  the  trial. 

Manner  of  obtaining  title :  P'irst  by  private  entry.     The  party  will  present  the  following 

application  to  the  Register,  and  will  make  oath  to  the  same : 

I, ,  hereby  apply,  under  the  provisions  of  the  act  approved  March  3,  1873,  entitled  "  An  act  to 

provide  for  the  sale  of  the  lands  of  the  United  States  containing  coal,"  to  purchase -quarter  of  section 

,  in  township of  range ,  in  the  district  of  lands  subject  to  sale  at  the  land  office  at , 

and  containing acres  ;  and  I  solemnly  swear  tViat  no  portion  of  said  tract  is  in  the  possession  of  any  other 

party,  that  I  am  twenty-one  years  of  age,  a  citizen  of  the  United  States  (or  have  declared  my  intention  to  be- 
come a  citizen  of  the  United  States),  and  have  never  held  nor  purchased  lands  under  said  act,  either  as  an  in- 
dividual or  as  a  member  of  an  association ;  and  I  do  further  swear  that  I  am  well  acquainted  with  the  character 
of  said  described  land,  and  with  each  and  every  legal  subdivision  thereof,  having  frequently  passed  over  the 
same ;  that  my  knowledge  of  said  land  is  such  as  to  enable  me  to  testify  understandingly  with  regard  thereto  ; ' 
that  there  is  not  to  my  knowledge  within  the  limits  thereof  any  vein  or  lode  of  quartz  or  other  rock  in  place 
bearing  gold,  silver,  or  copper,  and  that  there  is  not  within  the  limits  of  said  land,  to  my  knowledge,  any  valu- 
able mineral  deposit  other  than  coal.     So  help  me  God. 

To  this  affidavit  the  Register  will  append  the  usual  jurat. 

Thereupon  the  Register,  if  the  tract  is  vacant,  will  so  certify  to  the  Receiver,  stating  the 
price,  and  the  applicant  must  then  pay  the  amount  of  purchase  money. 

The  Receiver  will  then  issue  to  the  purchaser  a  duplicate  receipt,  and  at  the  close  of  th 
month  the  Register  and  Receiver  will  make  returns  of  the  sale  to  the  General  Land  Office^ 
from  whence,  when  the  proceedings  are  found  regular,  a  patent  or  complete  title  will  be  is- 
sued; and  on  surrender  of  the  duplicate  receipt  such  patent  will  be  delivered,  at  the  option 


THE   AMERICAN   SETTLER'S   GUIDE.  105 

of  the  patentee,  either  by  the  Commissioner  at  Washington,  or  by  the  Register  at  the  district 
land  oiHce. 

This  disposition  at  private  entry  will  be  subject  to  any  valid  prior  adverse  right  which  may 
have  attached  to  the  same  land,  and  which  is  protected  by  Section  2. 

Second.  When  the  application  to  purchase  is  based  on  a  priority  of  possession,  etc.,  as 
provided  for  in  Section  2,  the  claimant  must,  when  the  township  plai  is  on  file  in  the  district 
office,  file  his  declaratory  statement  for  the  tract  claimed  sixty  days  from  and  after  tlie  first 
day  of  his  actual  possession  and  improvement.  Sixty  days,  exclusive  of  the  first  day  of  pos- 
session, etc.,  must  be  allowed.  I 

The  declaratory  statement  must  be  substantially  as  follows : 

I, ,  being years  of  age,  and  a  citizen  of  the  United  States  (or  having  declared  my  inten- 

tion to  become  a  citizen  of  the  United  States),  and  never  having,  either  as  an  individual  or  as  a  member  of  an 
association,  held  or  purchased  any  coal  lands  under  the  act  approved  March  3,  1873,  entitled  "An  act  to  provide 
for  the  sale  of  the  land  of  the  United  States  containing  coal,"  do  hereby  declare  my  intention  to  purchase,  under 

the  provisions  of  said  act,  the quarter  of  section ,  in  township of  range  ,  of  lands 

subject  to  sale  at  the  district  land  office  at ',  and  that  I  came   into  possession  of  said  tract  on  the 

day  of ,  A.  D.  18 — ,  and  have  ever  since  remained  in  actual  possession  continuously,  and  have  expended 

in  labor  and  improvements  on  said  mine  the  sum  of dollars,  the  labor  and  improvements  being  as  fol- 
lows :  (here  describe  the  nature  and  character  of  the  improvements ;)  and  I  do.furthermore  solemnly  swear  that 
1  am  well  acquainted  with  the  character  of  said  described  land,  and  with  each  and  every  legal  subdivision 
thereof,  having  frequently  passed  over  the  same ;  that  my  knowledge  of  said  land  is  such  as  to  enable  me  to 
testify  understandingly  with  regard  thereto ;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any 
vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is  not  within  the 
limits  of  said  land,  to  my  knowledge,  any  valuable  mineral  deposit  other  than  coal. 


When  the  township  plat  is  not  on  file  at  date  of  claimant's  first  possession,  the  declarator)' 
statement  must  be  filed  within  sixty  days  from  the  filing  of  such  plat  in  the  district  office. 

One  year  from  and  after  the  expiration  of  the  period  allowed  for  filing  the  declaratory  state- 
ment is  given  within  which  to  make  proof  and  payment,  but  no  party  will  be  allowed  to  make 
final  proof  and  payment,  except  on  notice  as  aforesaid  to  all  others  who  appear  on  the 
records  as  claimants  to  the  same  tracts. 

A  party  who  otherwise  complies  with  the  law  may  enter  after  the  expiration  of  said  year 
provided  no  valid  adverse  right  shall  have  intervened.  He  postpones  his  entry  beyond  said 
year  at  his  own  risk,  and  the  Government  cannot  thereafter  protect  him  against  another  who 
complies  with  the  law,  and  the  value  of  his  improvements  can  have  no  weight  in  his  favor. 

One  person  can  have  the  benefit  of  one  entry  or  filing  only.  He  is  disqualified  by  having 
made  such  entry  or  filing  alone,  or  as  a  member  of  an  association.  No  entry  can  be  allowed 
an  association  which  has  in  it  a  single  person  thus  disqualified,  as  the  law  prohibits  the  entry 
or  holding  of  more  than  one  claim  either  by  an  individual  or  an  association.  No  entry  is 
allowed,  under  this  act,  of  lands  containing  other  valuable^  minerals.  The  character  of  the 
land  will  be  determined  under  the  present  rules  relative  to  agricultural  and  mineral  lands. 
Those  that  are  sufficiently  valuable  for  other  minerals  to  prevent  their  entry  as  agricultural 
lands  cannot  be  entered  under  this  act. 

Assignments  of  the  right  to  purchase  under  this  act  will  be  recognized  when  properly 
executed.  Proof  and  payment  must  be  made,  however,  within  the  prescribed  period,  which 
dates  from  the  first  day  of  the  possession  of  the  assignor  who  initiated  the  claim. 

The  affidavit  required  from  each  claimant  at  the  lime  of  actual  purchase  will  be  as  follows  : 

I, ,  claiming  the  right  of  purchase  under  the  act  of  Congress  entitled  "An  act  to  provide  for  the 

sale  of  the  lands  of  the  United  States  containing  coal,"  approved  March  3,  1873,  to  the quarter  of  section 

,  in  township ,  of  range  .  subject  to  sale  at ,  do  solemnly  swear  that  1  have  never  had 

the  right  of  purchase  under  this  act,  either  as  an  individual  or  as  a  member  of  an  association,  and  that  I  have 
never  held  any  other  lands  under  its  provisions  ;  I  further  swear  that.  I  have  expended  in  developing  coal  mines 

on  said  tract  in  labor  and  improvements  the  sum  of dollars,  the  nature  of  such  improvements  being  as 

follows  : ;  that  I  am  now  in  the  actual  possession  of  said  mines,  and  make  the  entry  for  my 

own  use  and  benefit,  and  not  directly  or  indirectly  for  the  use  and  benefit  of  any  other  party  :  and  I  do  further- 
more swear  that  I  am  well  acquainted  with  the  character  of  said  described  land,  and  with  each  and  every  legal 
subdivision  thereof,  having  frequently  passed  over  the  same ;  that  my  knowledge,  of  said  land  is  such  as  to 
enable  me  to  testify  understandmgly  with  regard  thereto ;  that  there  is  not,  to  my  knowledge,  within  the  limits 
thereof,  any  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold,  silver,  or  copper,  and  that  there  is  not 
within  the  limits  of  said  land,  to  my  knowledge,  any  valuable  mineral  deposit  other  than  coal:  So  help 
me  God. 

I,  ■ ,  of  the  land  office  at  .  do  hereby  certify  thar  the  above  affidavit  was  sworn  and  suo- 

•cribed  to  before  me  this. day  of  ,  A.  D.,  iS — . 


100  THE  AMERICAN  SETTLER'S  GUIDE. 

In  case  the  purchaser  shows  by  an  affidavit  that  he  is  not  personally  acquainted  \\  ith  the 
character  of  the  land,  his  duly  authorized  agent  who  possesses  such  knowledge  may  make  the 
required  affidavit  as  to  its  character;  but  whether  this  affidavit  is  made  by  principal  or  agent, 
it  must  be  corroborated  by  the  affidavits  of  two  disinterested  and  credible  witnesses  having 
knowledge  of  its  character.     Circular  of  July  31,  1882,  may  be  obtained  of  the  Register. 

VIII.    Stone  and  Timber  Lands. 

Surveyed  lands  in  California,  Oregon,  Nevada,  and  in  Washington  Territory  not  yet  pro- 
claimed and  offered  at  public  sale,  vali^able  chiefly  for  limber  and  stone,  unfit  for  cultivation, 
and  consequently  unfit  for  disposal  under  the  pre-emption  and  homestead  laws,  may  be  pur- 
chased by  individuals  and  by  associations  at  the  minimum  price  of  $2.50  per  acre. 

"When  a  party  applies  to  purchase  a  tract  of  this  character,  the  Register  and  Receiver  will 
require  him  to  make  affidavit  that  he  is  a  citizen  of  the  United  States  by  birth  or  naturaliza- 
tion, or  that  he  has  declared  his  intention  to  become  a  citizen  under  the  naturalization  laws. 
If  native  born,  parol  evidence  of  that  fact  will  be  received.  If  not  native  born,  record  evi- 
dence of  the  prescribed  qualifications  must  be  furnished.  In  connection  therewith,  he  will  be 
required  to  make  a  sworn  statement  in  duplicate,  according  to  the  attached  form ; 

Land  Offick  at , 

(Date) ,  18—. 

I, ,  of county, ,  desiring  to  avail  myself  of  the  provisions  of  the  act  of  Congress  of 

Tune  3.  1878,  entitled  "  An  Act  for  the  sale  of  timber  lands  in  the  States  of  California,  Oregon,  Nevada,  and  in 

Washington  Territory,"  for  the  purchase  of  the of  section ,  township ,  of  range ,  do  solemnly 

— —  that ;  that  the  said  land  is  unfit  for  cultivation,  and  valuable  chiefly  for  its ;  that  it  is  uninhab- 
ited ;  that  it  contains  no  mining  or  other  improvements ;  nor,  as  I  verily  believe,  any  valuable  deposit  of 

gold,  silver, cinnabar, copper, or  coal  ;^that  I  have  made  no  other  application  under  said  act;  that  I  do  not  apply 
to  purchase  the  land  above  described  on  speculation,  but  in  good  faith  to  appropriate  it  to  my  own  exclusive  use 
•nd  benefit;  and  that  I  have  not,  directly  or  indirectly,  made  any  agreement  or  contract,  in  any  way  or  manner, 
with  any  person  or  persons  whomsoever,  by  which  the  title  which  I  may  acquire  from  the  Government  of  the 
'Jnited  States  may  inure  in  whole  or  in  part  to  the  benefit  of  any  person  except  myself. 

Sworn  to  and  subscribed  before  me  this day  of ,  18 — . 


If  any  person  taking  this  oath  swears  falsely  in  the  premises,  he  will  be  subject  to  all  the 
pains  and  penalties  of  perjury,  and  forfeit  the  money  which  he  may  have  paid  for  the  lands, 
and  all  right  and  title  to  the  same ;  and  any  grant  or  conveyance  which  he  may  have  made, 
except  in  the  hands  of  bona-fide  purchasers,  will  be  null  and  void. 

Upon  the  filing  of  the  above  statement,  the  Register  of  the  land  office  will  post  a  notice  of 
such  application,  embracing  a  description  of  the  land  by  legal  subdivisions,  in  his  office,  for  a 
period  of  sixty  days,  and  furnish  the  applicant  a  copy  of  the  same  for  publication,  at  the  ex- 
pense of  the  applicant,  in  a  newspaper  published  nearest  the  location  of  the  premises,  for  a 
like  period  of  time ;  and  after  the  expiration  of  the  sixty  days,  if  no  adverse  claim  shall  have 
been  filed,  the  person  desiring  to  purchase  must  furnish  to  the  Register  of  the  land  office  sat- 
isfactory evidence  that  the  notice  of  the  application  prepared  by  the  Register  was  duly  pub- 
lished in  a  newspaper  as  required. 

This  evidence  must  consist  of  the  affidavit  of  the  publisher  or  other  person  having  charge 
of  the  newspaper  in  which  the  notice  is  published,  with  a  copy  of  the  notice  attached  thereto. 
Betting  forth  the  nature  of  his  connection  with  the  paper,  and  that  the  notice  was  duly  pub- 
lished for  the  prescribed  period.  The  evidence  required  with  regard  to  the  non-mineral 
character  of  the  land,  and  its  unoccupied  and  unimproved  condition,  must  consist  of  the 
testimony  of  at  least  two  disinterested  witnesses,  to  the  effect  that  they  know  the  facts  to  which 
they  testify  from  personal  inspection  of  the  land  and  of  each  of  its  smallest  legal  subdivisions, 
as  per  form  attached : 

TESTIMONY   OF   WITNESS, 


hcing  called  as  a  witness  in  support  of  the  application  of to  purchase  tbe 


rction ,  township ,  of  range ,  testifies  as  follows  ; 

Ques.  t.  What  is  your  post-office  address,  and  where  do  you  reside? 

Ans. . 

Ques.  2.  What  is  your  occupation  ? 


THE  AMERICAN  SETTLER'S  GUIDE.  lOT 

Qiies.  3.  Are  you  acquainted  with  the  land  above  described  by  personal  inspection  of  each  cf  its  smallest 
legal  subdivisions  ? 

Ans. . 

Qi:es.  4.  When  and  in  what  manner  was  such  inspection  made  ? 

Ans. . 

Ques.  5.  Is  it  occupied  ;  or  are  there  any  improvements  on  i:  not  made  for  ditch  or  canal  purposes,  or  whiclv 
vere  net  made  by,  or  do  not  belong  to,  the  said  applicant? 

Ans. . 

Ques.  6.  Is  it  fit  for  cultivation? 

Ans. . 

Ques.  7.  What  causes  render  it  unfit  for  cultivation? 

Ans.  . 

Ques.  8.  Are  there  any  salines,  or  indications  of  deposits  of  gold,  silver,  cinnabar,  copper,  or  coal  on  thift 
land?     If  so,  state  what  they  are,  and  whether  the  springs  or  mineral  deposits  are  valuable. 

Ans.  . 

Ques.  9.  Is  the  land  more  valuable  for  mineral  or  any  other  purposes  than  for  the  timber  or  stone  thereon,  or 
is  it  chiefly  valuable  for  timber  or  stone  ? 

Ans.  . 

Ques.  10.  From  what  facts  do  you  conclude  that  the  land  Is  chiefly  valuable  for  timber  or  stone  ? 

Ans.  . 

Ques.  II.  Do  you  know  whether  the  .ipplicant  has  directly  or  indirectly  made  any  agreement  or  contract,  h 
any  way  or  m.inner,  with  any  person  whomsoever,  by  which  the  title  which  he  may  acquire  from  the  Govern- 
meni  of  the  United  States  may  inure,  in  whole  or  in  part,  to  the  benefit  of  any  person  except  himself? 

Ans.  . 

Ques.  12.  Arc  you  in  any  way  interested  in  this  application,  or  in  the  lands  above  described,  or  the  timber  or 
stone,  salines,  mines,  or  improvements  of  any  description  whatever  thereon? 

Ans.  . 


I  }IERBBV  CERTIFY  that  Witness  is  a  person  of  respectability ;  that  each  question  and  answer  in  the  foregoine 

testimony  was  read  to before  signed name  thereto,  and  that  the  same  was  subscribed  and 

sworn  to  before  me  this day  of ,  iS — . 


This  testimony  may  be  taken  before  the  Register  or  Receiver,  or  any  officer  using  an  official 
seal  and  authorized  to  administer  oaths  in  the  land  district  in  which  the  land  lies.  Upoo 
such  proof  being  produced,  if  no  adverse  claim  shall  have  been  filed,  the  entry  applied  for 
may  Ije  allowed. 

The  Receiver  will  issue  his  rece^'pt  for  the  purchase  money  in  the  usual  form. 

The  Register  and  Receiver  are  entitled  to  a  fee  of  five  dollars  each  for  allowing  an  entry 
under  said  act,  and  jointly  at  the  rate  of  twenty-two  cents  and  a  half  per  hundred  words  foi 
testimony  reduced  by  them  to  writing  for  claimants. 

If,  at  the  expiration  of  the  sixty  days  notice,  an  adverse  claim  should  be  found  to  exiss 
calling  for  an  investigation,  the  Register  and  Receiver  will  allow  the  parties  a  hearing  accord- 
ing to  the  rales  of  practice. 

In  case  of  an  association  of  persons  making  application  for  such  an  entry,  each  of  the 
persons  must  prove  the  requisite  qualifications,  and  their  names  must  appear  in  and  be  sub- 
scribed to  the  sworn  statement,  as  in  case  of  an  individual  person.  They  must  also  unite  in 
the  regular  application  for  entry,  which  will  be  made  in  their  joint  names  as  in  other  cases  of 
joint  cash  entry.  , 

IX.    Saline  Lands. 

Lands  that  are  saline  in  character  within  the  pablic  land  States,  except  the  Sl.ites  of  Missis- 
sippi, Louisiana,  Florida,  California,  and  Nevada,  none  of  which  have  had  a  grant  of  saline 
by  act  of  Congress,  and  exclusive  also  of  the  Territories,  are  subject  to  sale  at  auction  or 
private  entry. 

Should  prima  facie  evidence  that  certain  tracts  are  saline  in  character  be  filed  with  the 
Register  and  Receiver  of  the  proper  land  district,  they  will  designate  a  time  for  a  hearing  at 
their  office,  and  give  notice  to  all  parties  in  interest  in  order  that  they  may  have  ample  oppor- 
tunity to  be  present  with  their  witnesses. 

At  the  hearing  the  witnesses  will  be  thoroughly  examined  with  regard  to  the  true  character 
of  the  land,  and  whether  the  same  contains  any  known  mines  of  gold,  silver,  cinnabar,  lead, 
in,  copper,  or  other  valuable  mineral  deposits  or  any  deposits  of  coal. 

The  witnesses  shall  also  be  examined  in  regard  to  the  extent  of  the  saline  deposits  upon 
the  given  tracts,  and  whether  the  same  are  claimed  by  any  person  ;  if  so,  the  nkunes  of  the 
claimants,  and  the  extent  of  their  improvements,  must  Ije  shown. 


108  THE  AMERICAN   SETT[,ER'S   GUIDE. 

The  testimony  should  also  show  the  agricultural  capacities  of  the  land,  what  kind  of  crops, 
if  any,  have  been  raised  thereon,  and  the  value  thereof.  The  testimony  should  be  as  full  and 
complete  as  possible,  and,  in  addition  to  the  leading  points  indicated  above,  everything  of 
importance  bearing  upon  the  question  of  the  character  of  the  land  should  be  elicited  at  the 
hearing. 

Should  the  tracts  be  adjudged  saline  lands,  the  Register  and  Receiver  will  be  instructed  to 
of?er  the  same  for  sale,  after  public  notice,  at  the  local  land  office  of  the  district  in  which  the 
same  shall  be  situated,  and  to  sell  said  tract  or  tracts  to  the  highest  bidder  for  cash,  at  a  price 
cf  not  less  than  $1.25  per  acre. 

In  case  said  lands  fail  to  sell  when  so  offered,  the  same  will  be  subject  to  private  sale  at 
•ZiLCh  land  office  for  cash,  at  a  price  of  not  less  than  J^i.25  per  acre,  in  the  same  manner  as 
©tier  public  lands  are  sold,  and  already  indicated  on  preceding  pages. 

X.   Desert  Lands. 
Any  party  who  wishes  to  make  entry  of  desert  lands  can  do  so  only  in  the  States  of  Cali- 
ifornia,  Oregon,  and  Nevada,  and  the   Territories  of  Washington,   Idaho,   Montana,  Utah, 
Wyoming,  Arizona,  New  Mexico,  and  Dakota,  and  must  file  with  the  officers   of  the   land 
office  for  the  district  wherein  the  land  is  situated,  the  following 

DECLARATION. 

No. .  Land  Office  at , 

{Date)  ■ 


I, ,  of county, of ,  being  duly  sworn,  depose  and  declare,  that  I  am  a  citizen  of  the 

United  States,  of  the  age  of ,  and  a  resident  pf  said  county  and ,  and  by  occupation  a ;  that  I  in- 
tend to  reclaim  a  tract  of  desert  land,  not  exceeding  one  section,  by  conducting  water  upon  the  same,  within 
three  years  from  date,  under  the  provisions  of  the  act  of  Congress  approved  March  3,  1877,  entitled  "An  Act  to 
provide  for  the  sale  of  desert  lands  in  certain  States  and  Territories."  The  desert  land  which  I  intend  to  re- 
claim does  not  exceed  one  section,  and  is  situated  in county,  in  the land  district,  and  is  descril>ed  as 

follows,  to  wit :  the of  section  No. ,  township  No. ,  range  No. ,  containing acres.    I  further 

depose,  that  I  have  made  no  other  declaration  for  desert  lands  under  the  provisions  of  said  act ;  that  the  land  above 
described  will  not,  without  irrigation,  produce  an  agricultural  crop ;  that  there  is  no  timber  growing  upon  said  land  ; 
that  there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz,  or  other  rock  in  place,  bear- 
ing gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or  any  deposit  of  coal ;  that  there  is  not  within  the  limits  of  said 
land,  to  my  knowledge,  any  placer,  cement,  gravel,  or  other  valuable  mineral  deposit  or  salines  ;  that  no  por- 
tion of  said  land  is  claimed  for  mining  purposes,  under  the  local  customs  or  rules  of  miners  or  otherwise  ;  that 
no  portion  of  said  land  is  worked  for  mineral  during  any  part  of  the  year  by  any  person  or  persons ;  that  said 

land  is  essentially  non-mineral  land  ;  that  I  became  acquainted  with  said  land  by ;  and  that  my  declaration 

therefor  is  not  made  for  the  purpose  of  fraudently  obtaining  title  to  mineral  land,  timber  land,  or  agricultural 
land,  but  for  the  purpose  of  faithfully  reclaiming,  within  three  years  from  the  date  hereof,  by  conducting  water 
thereon,  a  tract  of  land  which  is  desert  land  within  the  meaning  of  the  act. 


Land  Office  at , 

(Daie) ,  i8— . 

I  hereby  certify  that  the  foregoing  declaration  was  this  day  sworn  to  and  subscribed  before  me. 

,  Re^ster. 

,  Receiver. 

This  declaration  may  be  executed  before  the  clerk  of  any  court  of  record  having  a  seal. 
If  the  applicant  is  not  a  citizen,  but  has  declared  his  intention'to  become  such,  a  duly  certified 
copy  of  his  declaration  of  intention  to  become  a  citizen  must  be  presented  and  filed. 

The  declaration  must  also  contain  a  description  of  the  land  applied  for,  by  legal  subdi- 
visions if  surveyed,  or,  if  unsurveyed,  as  nearly  as  possible  without  a  survey,  by  giving,  with 
as  much  clearness  and  precision  as  possible,  the  locality  of  the  tract  with  reference  to  known 
and  conspicuous  landmarks  or  the  established  lines  of  survey,  so  as  to  admit  of  its  being 
thereafter  readily  identified  when  the  lines  of  survey  come  to  be  extended. 

As  preliminary  to  the  filing  of  such  declaration,  it  must  be  satisfactorily  shown  that  the 
land  therein  described  is  desert  land  as  defined  in  the  second  section  of  the  act.  To  this  end, 
the  testimony  of  at  least  two  disinterested  and  credible  witnesses  is  required,  whose  testimony 
will  be  reduced  to  writing  in  the  usual  manner ;  or  the  evidence  may  be  furnished  in  the 
form  of  affidavits  executed  before  the  clerk  of  any  court  of  record  having  a  seal,  the  credi- 
bility of  the  witnesses  to  be  certified  by  said  clerk.  The  witnesses  must  clearly  state  their 
acquaintance  with  the  premises,  and  the  facts  as  to  the  condition  and  situation  of  the  land 
upon  which  they  base  their  judgment.  A  form  of  affidavit,  to  be  svvorn  to  and  subrxribed  hv 
each  witness,  is  as  follows  ; 


THE   AMERICAN   SETTLER'S   GUIDE.  109 

AFFTDA\nT. 

Ko  Land  Office  at  , 

{DiUe) ,    i»— . 

Ij J  of county, .being  duly  sworn,  declare,  upon  oath,  that  I  am  a  resident  of  said 

county  and ;  that  I  am  of  the  age  of ,  and  by  occupation  a ;  that  I  am  well  acquainted  with  the 

character  of  each  and  every  legal  subdivision  of  the  following  described  land  :  the section  No. ,  town- 
ship No. ,  range  No. .  containing acres ;  that  I  became  acquainted  with  said  land  by ;  that  I 

have  been  acquainted  with  it  for years  last  past;  that  I  have  frequently  passed  over  it;  that  my  knowledge 

of  said  land  is  such  as  to  enable  me  to  testify  understandingly  concerning  it ;  that  the  same  is  desert  land  within 
the  meaning  of  the  second  section  of  the  act  of  Congress  approved  March  3,  1877,  entitled  "  An  Act  to  provider 
for  the  sale  of  desert  lands  in  certain  Sutes  and  Territories  ;"  that  said  land  will  not,  without  artificial  irriga- 
tion, produce  any  agricultural  crop  ;  that  no  agricultural  crop  has  ever  been  raised  or  cultivated  on  said  land,  for 
the  reason  that  it  does  not  contain  sufficient  moisture  for  successful  cultivation  ;  that  the  same  is  essentially  d.-y 
and  arid  land,  wholly  unfit  for  cultivation  without  artificial  irrigation  ;  that  said  land  cannot  be  successfuUv  cul- 
tivated without  rccla'mation  by  conducting  water  thereon ;  that  said  land  has  hitherto  been  unappropriated,  un- 
occupied, and  unsettled,  because  it  has  been  impossible  to  cultivate  it  successfully  on  account  of  its  drv  ttA 
arid  condition  ;  that  it  is  a  fact  well-known,  patent,  and  notorious,  that  the  same  will  not,  in  its  natural  corull- 

tion,  produce  any  crop,  that  the  land  is  the ;  that  there  is  no  timber  growing  thereon,  but  that  it  is  devoi<i 

of  timber ;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz,  or  other  rock 
in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or  any  deposit  of  coal ;  that  there  is  not,  within  the 
limits  of  said  land,  to  my  knowledge,  any  placer,  cement,  gravel,  or  other  valuable  mineral  deposit  or  salines  ; 
that  no  portion  of  said  land  is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of  miners  or  other- 
wise ;  that  no  portion  of  said  land  is  worked  for  mineral  during  any  part  of  the  year  by  any  person  or  persons  ; 
that  said  land  is  essentially  non-mineral  land ;  that  I  am  not  interested  in  any  way  or  manner,  directly  or  indi- 
rectly, present  or  prospective,  in  any  application  or  declaration  made  or  to  be  made  for  said  land,  or  in  the  land 
it«el^  or  in  the  title  which  may  by  any  person  or  in  any  manner  be  acquired  thereto. 

After  this  proof  has  been  made  to  the  satisfaction  of  the  district  officers,  the  Receiver  will 
receive  from  the  applicant  the  sum  of  twenty-five  cents  per  acre  for  the  land  applied  for ;  the 
Register  will  receive  and  file  his  declaration,  and  they  will  jointly  issue,  in  duplicate,  a  cer- 
tificate in  the  form  attached  : 

No. .  '  Ukitkd  Statbs  Land  Office, 

,18—. 

It  is  hereby  certified  that  under  the  provisions  of  the  act  of  Congress  approved  March  3,  1877,  entitled  "An 

act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Territories," has  this  day  filed  in 

this  office  his  declaration  of  intention  to  reclaim  the  following  described  tract  of  land,  viz. :  ;  that  he  has 

proven  to  our  satisfaction  that  the  said  tract  of  land  is  desert  land,  as  defined  in  the  second  section  of  said  act, 

and  that  he  has  paid  to  the  Receiver  the  sum  of dollars,  being  at  the  rate  of  twenty -five  cents  per  acre 

for  the  land  above  described. 

It  is,  therefore,  further  certified,  that  if  within  three  years  from  the  date  hereof  the  said ,  his 

ncirs  or  legal  representatives,  shall  satisfactorily  prove  that  the  said  land  has  been  reclaimed  by  carr>-ing  water 
thereon,  and  shall  pay  to  the  Receiver  the  additional  sum  of  one  dollar  per  acre  for  the  land  above  described,  he 
or  they  shall  be  entitled  to  receive  a  patent  therefor  under  the  provisions  of  the  said  act. 

,  Register, 

,  Receiver. 

Note, — ^The  word  "  heirs  "  is  substituted  in  this  form  for  the  word  "  assignee,"  the  Secretary  of  the  Interior 
having  declined  to  recognize  the  assignment  of  desert  land  claims. 

One  of  these  duplicates  will  be  delivered  to  the  applicant ;  the  other  will  be  retained  by  the 
Register  and  Receiver  with  the  declaration  and  proof. 

At  any  time  within  three  years  after  the  date  of  filing  the  declaration  and  the  issue  of  cer- 
tificate, provided  the  United  States  surveys  have  been  extended  over  the  land,  the  proper 
party  may  make  satisfactory  proof  of  having  conducted  water  upon  the  land  applied  for. 
This  proof  must  consist  of  the  testimony  of  at  least  two  disinterested  and  credible  witnesses, 
who  must  appear  in  person  before  the  Register  and  Receiver.  They  must  declare  that  they 
have  personal  knowledge  of  the  condition  of  the  land  applied  for,  and  of  the  facts  to  which 
they  testify ;  and  their  testimony  must  be  reduced  to  writing  in  the  usual  manner. 

DEPOSITION    OF   APPLICANT. 

Ques.  1.  State  your  name,  age,  occupation,  and  residence. 

Ans.  . 

)ues.  2.  Arc  you  a  citizen  of  the  Ui^ited  States,  or.  if  not,  have  you  declared  your  intention  to  become  5uch  f 
''  not  native  bom,  proof-record  must  be  furnished.) 

Ans. -•. 

Ques.  3.  If  you  have  heretofore  made  a  desert  land  entry,  give  the  number  and  date  thereof,  and  describe  tlie 
land  embraced  thereiiu 

Ans. — . 

Ques.  4.  Have  you  conducted  water  upon  the  land  embraced  in  said  entry,  and  irrigated  the  same,  and  re. 
claimed  it  from  its  former  desert  character,  to  such  an  extent  that  it  will  now  produce  an  agricultural  crop? 

Ans. — . 

Sues.  5.  ^Vhat  crops  have  you  raised  upon  said  land  in  each  and  e\'ery  year  since  your  first  entry  thereco 
er  your  declaration  No. ? 

Ans. '-^. 

Ques.  6.  How  many  acres  h?.ve  been  sown  or  planted  in  each  year,  in  what  crops,  and  upon  what  portion  or 
tubdivision  of  the  land,  and  what  amotint  of  such  crops  has  been  actually  produced? 
An5.  . 


Qu< 
(If 


110  THE  AMERICAN  SETTLER'S  GUIDE. 

Ques.  7.  What  crops,  if  any,  had  been  grown  upon  the  bnd,  or  upon  any  portion  thereof,  and,  if  any,  upoe 
what  portion,  previous  to  your  entry  thereon? 

Ques.  8.  Woulil  the  land,  or  any  portion  of  it,  by  cultivation  without  irrigation,  have  produced  any  agricul* 
tural  crop  whatever,  and,  if  so,  what  crop  ? 

Ans.  . 

Ques.  Q.  Was  there  any  natural  water  supply  upon  such  land  sufficient  to  fertilize  or  irrigate  the  whole  or  any 
portion  thereof,  and,  if  so,  what  portion?    State  fully. 

Ans. 

Ques.  10.  Has  the  amount  of  water  conveyed  upon  the  land  in  any  one  season  been  sufficient  to  so  irrigate 
the  entire  tract  as  to  render  the  same  productive,  and,  if  so,  what  crop  or  crops  would  such  irrigation  produce? 

Ques.  u.  Has  the  whole  tract  been  irrigated  and  cultivated  by  you  in  any  one  season? 

Ans.  . 

Ques.  12.  Has  each  smallest  legal  subdivision  or  portion  of  less  than  forty  acres  been  irrigated  or  cultivated 
either  during  one  sea.son  or  different  seasons  since  the  date  of  your  entry? 

Ans.  . 

Ques.  13.  How  much  water  per  acre  has  been  conducted  upon  the  land,  or  upon  any  portion  under  cultivation 
in  any  one  season ;  for  how  long  a  time  \fas  it  so  conducted  upon  the  land,  and  at  what  times  or  seasons  ?  Sute 
fully. 

Ans.  . 

S»ues.  14.  In  what  manner  was  such  water  conveyed  upon  the  land,  whether  by  pipes  or  ditches,  and  how  was 
istributed  over  and  through  the  soil  ?  State  particularly  and  in  detail,  and  describe  the  ditches  as  to  their 
width,  depth,  direction  through  or  around  the  land,  and  give  the  length  of  each. 

Ans.  . 

Ques.  15.  Have  you  at  this  time  the  right  and  proprietorship  of  water  sufficient  and  available  to  continue  the 
Irrigation  of  this  tract  and  make  perpetual  reclamation  of  the  land,  and  is  it  your  purpose  so  to  continue  its  use 
upon  this  land,  and  for  the  purposes  of  such  reclamation  ? 

Ans. . 

Ques.  16.  How  was  such  right  or  proprietorship  obtained,  and  by  what  tenure  do  you  now  hold  the  same? 

(Duly  verified  abstract  of  title  must  be  furnished. ) 

Ans. . 

Ques.  17.  Have  you  the  sole  and  entire  interest  in  said  entry,  and  in  the  tract  covered  thereby,  and  the  water 
appropriated  to  irrigate  the  same? 

Ans. . 

Ques.  18.  Has  any  other  person,  individual,  or  company  of  individuals,  any  interest  whatever  in  said  entry, 
tract,  or  water  appropriation  ?  If  so,  give  the  name,  residence,  and  occupation  of  each  such  person,  and  the 
nature,  amount,  and  extent  of  such  interest. 

Ques.  19.  Have  you  made  or  become  the  assignee  of  any  other  entry,  or  have  you  any  interest,  direct  or  in- 
direct, in  any  other  entry  under  the  desert  laud  act? 

Ans. . 

{Signature.) . 

I  HEREBY  CERTIFY  that  cach  question  and  answer  in  the  foregoing  deposition  was  read  to  the  applican 

before  •  •         signed name  thereto,  and  that  the  same  was  subscribed  and  sworn  to  before  me  this  - 

day  of ,18—. 

,  Register, 

,  Receiver, 

Note.— The  officer  before  whom  the  deposition  is  taken  should  call  the  attention  of  the  witness  to  the  follow- 
ing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascertained 
that  he  testifies  falsely,  to  prosecute  him  to  the. full  c.vtent  of  the  law ; 

Title  LXX.— CRIMES.— Ch.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
cr„se  in  which  a  law  of  the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare,  de- 
pose, or  certify  truly,  or  that  .lYiy  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed  is 
true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  does  not  believe  to 
be  true,  is  guilty  of  perjury,  .ind  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  labor,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  incapable  of  giving 
tesiinioiiy  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversed.  [See  g  1750.  J 

The  deposition  of  two  witnesses,  in  the  following  form,  taken  separately,  is  required  in  each  case. 

DEPOSITION   OF   WITNESS. 

Ques.  I.  State  your  name,  age,  residence,  and  occupation, 

Ans. . 

Que?.  2.  Are  yon  acquainted  with ,  who  made  desert  land  entry  No. ,  on  the  day 

of ,  A.  D.,  18—,  upon  the ? 

Ans. . 

Ques.  3.  How  long  have  you  known  the  party  who  ni.ide  this  entry? 

Ans. . 

Ques.  4.  Have  you  personal  knowledge  of  this  land? 

Ques.  5.  Has  water  been  conducted  upon  the  land  embraced  in  said  entry,  so  as  to  irrigate  and  reclaim  the 
same  from  its  former  desert  condition  to  such  extent  that  the  same  will  produce  an  agricultural  crop? 

Ans. . 

Q.ies.  6.  What  crops  have  been  raised  upon  said  land  in  each  and  every  year  since  its  first  entry  by  ■  ■ 
,  under  declaration  No. ,  and  by  whom? 

Ans. . 

Ques.  7.  How  many  .acres  h.ive  been  sown  or  plantetl  in  each  year,  in  what  crops,  and  upon  what  portion  or 
subdivision  of  ihc  laud,  and  what  amount  of  crops  have  been  produced  thereon,  and  by  whom? 

Ans. 

Ques.  8.  What  crops,  if  any,  had  been  grown  upon  the  land  or  upon  any  portion  thereof,  previoiu  to  the 
entry  of thereon  ? 

Ans. . 


THE  AMERICAN  SETTLER'S   GUIDE.  til 

Ques.  9.  Would  the  land,  or  any  portion  of  it,  by  cultivation  without  irrigation,  h  ive  produced  any  agricul- 
tural crop  whatever,  and  if  so,  what  crop? 

Ans.  . 

Ques.  10.  Was  there  any  natural  water  supply  upon  such  land  sufficient  to  fertilize  or  irrigate  the  whole,  o> 
aay  portion  thereof,  and  if  so,  what  portion?     State  fully. 

Ans.  . 

Ques.  II.  Has  the  amount  of  water  conveyed  upon  said    land  by in  any  one  season  bee> 

aufncient  to  so  irrigate  the  entire  tract  as  to  render  the  same  productive,  and  if  so,  what  crop  or  crops  would 
such  irrigation  produce? 

Ajvs.  . 

Ques.  12.  Has  the  whole  tract  been  irrigated  and  cultivated  by  — — in  any  one  season  ? 

Ans.  , 

Ques.  13.  Has  each  smallest  legal  subdivision  or  portion  of  le<!S  than  forty  acres  been  irrigated  or  cultivated 
either  during  one  season  or  different  seasons  since  the  date  of  entry? 

Ans. . 

Ques.  14.  How  much  water  per  acre  has  been  conducted  upon  the  land,  or  upon  any  portion  under  cultivatiot 
in  any  one  season;  for  how  long  a  time  was  it  so  conducted  upon  the  land,  and  at  what  times  or  seasons f 
State  fully. 

Ans.  .  • 

Ques.  15.  In  what  manner  was  such  water  conveyed  upon  the  land,  whether  by  pipes  or  ditches,  and  how 
was  it  distributed  over  and  through  the  soil?  State  particularly  and  in  detail,  and  describe  the  ditches  as  t« 
their  width,  depth,  direction  through  or  around  the  tract,  and  give  the  length  of  each. 

Ans. 

Ques.  16.  Has  ■ at  this  time  the  right  and  proprietorship  of  water  sufficient  and  available  to  con- 

tinue the  irrigation  of  this  tract  and  make  perpetual  reclamation  of  the  land? 

Ans.  — — . 

Ques.  17.  How  did  you  become  acquainted  with  the  facts  relative  to  the  irrigation  of  said  land? 

Ques.  i3.  Have  you  any  interest,  direct  or  indirect,  in  this  entry,  in  the  land  covered  thereby,  or  in  the  watet 
cupply  used  in  its  irrigation? 
Ans.  — — . 

{SigTiature.) ■. 

I  HERBBY  CERTIFY  that  wituess  is  a  person  of  respectability ;  that  each  question  and  answer  in  the  foregoing 

testimony  was  read  to before signed name  thereto ;  and  that  the  same  was  subscribed  and 

sworn  to  before  me  this day  of ,  18 — . 

,  Register. 

,  Receiver. 

Note. — The  officer  before  whom  the  deposition  is  taken  should  call  the  attention  of  the  witness  to  the  follow- 
ing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascertained 
that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law. 

Title  LXX.— CRIMES.— Ch.  4- 

Sec.  5302.  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
case  in  which  a  law  of  the  United  States  Authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed 
»s  true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  docs  not  believe  to 
be  true,  is  guilty  of  perjur>-,  and  shall  be  punished  by  a  fine  of  not  'more  than  two  thousand  dollars,  and  by 
{mprisonment,  at  hard  labor,  not  more  than  five  years,  and  shall,  moreover,  tliercafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversed.    [See  §  1730.J 

The  party  must  also  present  and  surrender  the  duplicate  certificate  issued  when  the  declar- 
ation was  fded.  When  this  is  done,  and  the  final  proof  made  to  the  satisfaction  of  the  district 
officers,  the  Receiver  will  receive  the  additional  payment  of  one  dollar  per  acre,  receipt 
therefor  in  duplicate,  in  the  following  form,  and  give  the  party  a  duplicate  receipt: 

Receiver's  Final  Receipt,  No.  .  Declaration  No.  . 

Land  Office  at , 

{Date) .iS— . 

Received  from ,  of  ■     county, ,  the  sum  of       ■         dollars  and  cents,  being  fin.J 

payment  of  one  dollar  per  .acre  for  the containing acres,  at  one  dollar  and  twenty-five  cents  pet 

acre,  the  sum  of  twenty-five  cents  per  acre  having  been  heretofore  paid,  as  per  origin.il  receipt  No. . 

,  Receiver, 

$ 

The  right  to  the  use  of  water  by  the  person  conducting  the  same  on  or  to  any  tract  of  desert 
land  not  to  exceed  six  hundred  and  forty  acres,  shall  depend  upon  ooua  fuie  prior  appropria- 
tion ;  and  such  right  shall  not  exceed  the  amount  of  water  actually  appropriated  and  neces- 
sarily used  for  the  purpose  of  irrigation  and  reclamation;  and  all  surplus  v.ater  over  and 
above  such  actual  appropriation  and  use,  together  with  the  water  of  all  lakes,  rivers,  and 
other  sources  of  water  supply  upon  the  public  lands,  and  not  navigable,  must  remain  and  be 
held  free  for  the  appropriation  and  use  of  the  public  for  irrigation,  mining,  and  manufaciaring 
purposes,  subject  to  existing  rights. 


1151  THE  AMERICAN  SETTLER'S  GUIDE. 

Rulings  Under  the  Desert  Land  Law. 

A  desert  land  entry  may  be  made  by  a  mamed  woman (»). 

Desert  land  entries  are  not  assignableC'). 

A  school  section  or  part  thereof  cannot  be  embraced  in  a  desert  entry. 

Sections  i6  and  36  while  unsurveyed  may  be  embraced  in  a  desert  entry («). 

Entries  must  be  compact  in  form,  not  more  than  one  mile  and  a  quarter  in  any  one  direc 
tion,  where  640  acres  are  entered(*^),    . 

Desert  lands  may  be  surveyed  on  the  deposit  system(«). 

Lands  that  one  year  with  another  for  a  series  of  years  will  not,  without  irrigation,  make  a 
fair  return  to  the  ordinarily  skilful  and  industrious  husbandman  for  the  seed  and  toil  expended 
in  endeavoring  to  secure  a  crop,  are  desert  lands  within  the  law. 

Crop  means  such  an  agricultural  production  as  would  be  a  fair  reward  for  the  expense  of 
producing  itC"). 

To  be  desert  land  it  must  be  shown  that  irrigation  is  essential  to  produce  any  crop  upon  the 
land  in  question(sj. 

Lands  that  have  been  reclaimed  and  produce  crops  are  not  subject  to  entry  under  the  desert 
land  lawC*). 

Tracts  entered  under  this  law  are  desert  until  their  non-desert  character  is  established  by 
preponderance  of  testimony(*). 

Final  proof  must  show  that  the  entire  tract  is  irrigated  in  the  cropping  season.  The  crop 
may  be  hay,  vegetables  or  cereals.  Proof  that  all  the  land  has  been  cultivated  is  not  necessary, 
but  it  all  must  be  in  a  suitable  condition  for  cultivation. 

Mere  conveying  of  water  upon  desert  land  is  not  a  fulfillment  of  the  law,  unless  in  suffi- 
cient quantity  to  prepare  such  land  for  cultivation(J). 

The  best  proof  of  the  right  to  use  water  must  be  produced,  either  by  record  evidence  or  a 
contract  for  water  to  be  delivered  by  an  incorporated  company  or  prior  appropriation^'). 

The  final  certificate  and  patent  in  a  desert  land  entry  ^n  issue  only  after  the  public  surveys 
have  been  extended (^). 

Patent  will  issue  only  in  the  nanie  of  the  original  partyC"). 

A  party  whose  desert  land  entiy  has  been  canceled  for  non-compliance  with  law  caanot 
claim  the  land  as  a  pre-emptor  or  homesteader  by  virtue  of  settlement  and  residence  thereon 
prior  to  such  cancellation(°). 

Repayment  not  allowed  where  a  desert  land  entry  has  been  canceled  for  non-compliance (•>). . 

When  repayment  in  a  desert  land  entiy  cannot  be  made(P). 

Where  a  desert  land  entryman,  after  the  expiration  of  three  yeai's  from  entry,  applies  for 
repayment  of  purchase  money  on  the  ground  of  inability  to  secure  water,  such  application 
will  be  refused (1), 

Desert  land  entries  are  included  in  the  act  of  May  14,  1880,  and  as  pre-emptions  may  be 
held  subject  to  the  Rules  of  Practice  in  the  matter  of  hearings  and  contestsC). 

(»)  Instructions,  Land  Owner,  Vol.  9,  p.  222.  (>)  Schuler  vs.  Creighton,  Land  Owner,  Vol.  11 ,  p.  59. 

(^)  S.   W.   Downey,   Land  Oivner,  Vol.    7,   p.   26.  (J)  Instructions,  Zriwrf  Crvw^'r,  Vol.  7,  p.  105.     Copp's 

Copp's  Land  Laws,  p.  1381.    Joab  Lawrence,  Land  Laws,  p.  1382.    Wallace  z/j.  Boyce,  Za«rf 

Land  Owner,  Vol.  11,  pp.  118,  119.  Owner,  Vol.  9,  p.  120. 

(«)  Samuel  B.  Reeves,  Land  Owner,  Vol,  6,  p.  76.  (k)  Instructions,  Land  Owner,  VoL  7,  p.  26. 

Copp's  Land  Laws,  p.  1381.  (>)  John  H.  Bowman,  Land  Owner,  Vol.  6,  p.  199. 
(J)  Philip  Shenon,  Land  Owner,  Vol.  S,  p.  Z.    Copp's  Copp's  Land  Laws,  p.  1383. 

Land  Laws,  p.  1379.  Instructions,  Land  Oivmr,  (">)  Pedro  Sodello,  Land  Owner,  Vol.  9,  p.  38. 

Vol.    7,   p.    138.     Rivers   vs.    Burbank,   Land  (°)  Barrott  7's.  hinncy.  Land  Ozvner,  Yo\.  10,  p,  igj. 

Owner,  Vol.  9,  p.  238.  (•)  James  R.  Boyce,  Land  Owner,  Vol.  lo,  p.  25. 

(•)  Instructions,  Land  Owner,  Vol.  9,  p.  120.  Cp)  Thomas  Guinean,  Land   Owner,  Vol.    7,  p.    8. 
(^  Babcockt/J.  Watson,  i,rt«^  f7w«(?r,  Vol.  10,  p.  174.  Copp's  Land  Laws,  p.  1397. 

(k)  Bliss  vs.  Schamel,  Lattd  Owner.,  Vol.  10,  p.  96.  %)  Perkins  Russell,  Land  Owner,  Vol.  10,  p.  ^^S. 

(>»)  Rivers  vs.  '?>nx\>-3.nV,  LandOzvner,^o\.  9,  p.  238.  ^f)  Fraser  z/j.  Ringgold,  Zawrf  Oww^r,. Vol.  11,  p.  172. 


THE  AMERICAN  SETTLER'S  GUIDE.  112a 

Fraudulent  Land  Entries  and  Contests. 

Any  land  entry  that  is  based  on  a  swom-to  lie  is  fraudulent.  By  contest  is  meant  the  trial 
or  hearing,  equivalent  to  a  proceeding  in  Court,  by  which  one  party  seeks  to  deprive  another  of 
the  land  he  claims.  By  settlement  is  meant  the  act  by  which  a  claimant  shows  his  intention  to 
claim  public  land.  Usually  it  consists  in  building  a  shanty  or  breaking  the  sod.  Contests  are 
often  decided  by  the  dates  of  settlement.  Legal  settlement  cannot  be  made  by  an  agent,  not 
eren  by  a  member  of  his  family.  The  settler  must  go  in  person  actually  upon  the  land  he 
desires  to  secure,  and  perform  some  act  of  settlement.  The  settlement  act  of  widows  and 
spinsters  may  consist  in  giving  orders  to  a  hired  man,  but  the  orders  must  be  carried  into 
effect.  A  pre-emption  filing  must  be  preceded  by  settlement,  but  if  not,  the  defect  may  be 
c«red  by  making  settlement  before  another  party  commences  an  adverse  settlement.  A  home* 
stead  entry  may  be  made  without  prior  settlement.  Filings  and  entries  based  upon  settlement 
must  be  made  within  one  month  of  settlement  on  offered  land,  and  within  three  months  on 
Mooffered  land. 

A  claimant  who  swears  to  settlement  one  or  two  months,  or  years,  or  otherwise,  before  the 
real  date  of  settlement,  is  guilty  of  perjury,  and  besides  committing  a  crime,  his  entry  is  liable 
to  contest.  Parties  who  swear  falsely  to  settlement  on  school  sections  before  survey  gain 
nothing,  if  anybody  chooses  to  report  the  truth  to  the  General  Land  Office.  Aliens  cannot 
make  legal  settlement  or  entry  until  they  have  declared  their  intentions  to  become  ciuiens. 
Married  women  cannot  be  settlers  unless  deserted  by  their  husbands.  No  one  under  twenty- 
»me  years  of  age,  except  the  head  of  a  family,  can  make  settlement  or  entry.  All  entries 
made  contrary  to  the  above  are  subject  to  contest. 

Residence. 

Homestead  and  pre-emption  claimants  must  comply  with  the  law  in  the  matter 'af  resi- 
dence. The  entries  of  herdsmen,  miners,  business  and  professional  men  and  other  people 
whose  employments  keep  them  away  from  their  farms  are  liable  to  contest.  Visiting  claims 
once  a  week  or  occasionally  during  a  month  is  not  residence.  Poverty  sometimes  excuses 
Bon-residence.  but  pretended  poverty  n^ver. 

Cultivation  and  Improvements. 
There  must  be  sufficient  breaking  and  cultivation  of  the  land,  and  improvements,  such  as 
buildings,  clearings,  fences,  well,  etc.,  to  show  good  faith  and  honest  intention.     ^Vhere  little 
or  no  breaking  or  cultivation  or  improvements  are  shown,  especially  if  residence  has  been 
doubtful,  the  entry  is  liable  to  successful  contest. 

Tree  Claims. 
Timber  Culture  entries  must  be  on  land  naturally  devoid  of  timber.  The  claimant  must 
actually  come  within  the  land  district  to  swear  to  his  entry  papers.  The  third  year  after 
entry,  five  acres,  previously  broken  and  cultivated,  must  be  planted  with  trees,  cuttings  or 
seeds.  The  same  with  five  acres  more  during  the  fourth  year.  These  must  be  cared  for  and 
cultivated.  If 'not,  the  entry  can  be  successfully  contested.  Residence  is  not  required.  An 
agent  can  do  all  the  work,  but  the  entryman  is  held  responsible.  Improvements  made  by  a 
prior  claimant  are  credited  on  the  purchaser's  claim. 

Desert  Land  Entries. 
These  entries  cannot  extend  more  than  a  mile  and  a  quarter  in  any  one  direction,  and  can- 
not embmce  cultivated,  or  timber  or  grassy  lands.     Desert  land  must  be  brought  to  an  agri. 
Oiltural  condition  within  three  years  from  date  of  entry,  or  the  entry  will  be  liable  to  contest 

Preference  Right. 
The  act  of  Congress  of  May  14,  18S0,  holds  out,  as  an  inducemetit  to  contest  frattdulect 


112b  the  AMERICAN  SETTLER'S  GUIDE. 

entries,  the  privilege,  or  preference  right,  of  entiy  for  thirty  days  after  cancellation  of  entry 
where  contestants  are  duly  qualified  to  make  entiy.  A  preferred  contestant  cannot  sell  his 
right  of  entry  so  as  to  invest  the  purchaser  vi'ith  the  privilege.  Such  purchaser  must  take  his 
chances  with  other  claimants. 

In  general,  all  entries  wherein  the  requirements  of  law  are  not  fully  met,  are  liable  to  con- 
test, and  under  amended  rule  of  practice  No.  35,  the  hearing  may  be  had  before  some  desig- 
nated officer  near  the  land  involved.  The  editor  of  the  Guide  will  be  glad  to  assist  settlers 
in  selecting  good  attorneys  to  conduct  their  cases  and  to  prepare  their  entry  and  other  legal 
papers. 

All  rulings  of  local  officers,  as  well  as  of  the  Commissioner  of  the  General  Land  Office, 
that  involve  the  denial  of  a  supposed  right,  are  subject  to  appeal  to  a  higher  tribunal,  an*  "•l- 
uable  lands  are  frequently  lost  by  not  taking  such  appeal. 


AMERICAN  SETTLER'S  GUIDE.  112c 

Orders  and  Regulations  by  Commissioner  Sparks. 

SUSPENSION    OF    ENTRIES. 

/V«fl/ action  in  this  office  upon  all  entries  of  the  public  lands,  except  private  cash  entries, 
and  such  scrip  locations  as  are  not  dependent  upon  acts  of  settlement  and  cultivation,  is  sus- 
pended in  the  following  localities,  viz : 

All  west  of  the  First  Guide  Meridian  west  in  Kansas.  All  west  of  range  seventeen  west 
in  Nebraska.  The  whole  of  Colorado,  except  land  in  late  Ute  reservation.  All  of  Dakota, 
Idaho,  Utah,  Washington,  New  Mexico,  Montana,  Wyoming,  and  Nevada,  and  that  portion 
of  Minnesota  north  of  the  indemnity  limits  of  the  Northern  Pacitic  Railroad,  and  east  of  the 
indemnity  limits  of  St.  Paul,  Minneapolis,  and  Manitoba  R.  R. 

In  addition  final  action  in  this  office  will  be  suspended  upon  all  timber  entries  under  the 
act  of  June  3,  1878,  also  upon  all  cases  of  desert  land  entries. 

April  3,  1885  W.  A.  J.  SPARKS,  Commissioner. 


MODIFICATION    OF  ORDER   OF  APRIL   3,    1 885. 

The  order  of  April  3,  1885,  is  modified  as  follows: 

The  Commissioner  will  certify  to  and  request  the  issue  of  patents  upon  all  entries  not  sub- 
ject to  reasonable  doubt  j 

ist.  In  contests  where ^he  rights  of  successful  parties  have  b^n  e.stablished. 

2d.  Where  examinations  have  ^een  made  by  government  agents,  and  no  fraud  appears. 

3d.  Homestead  entries  where  residence,  improvement,  and  cultivation  have  been  made 
according  to  law. 

And  a  Board  to  consist  of  the  Assistant  Commissioner,  Chief  Clerk  and  Chief  Law  Cleric, 
is  hereby  organized  to  pass  upon  and  report  said  cases  to  the  Commissioner. 

December  3,  18S5.  Wm.  A.  J.  Sparks,  Commissioner. 


Blank    Forms. 

REGISTERS    AND    RECEIVERS,    U.    S.    LAND   UFFICES,   JUNE    24,*l885. 

Blank  forms  of  applications,  affidavits,  proofs,  notices,  etc.,  for  the  entry  of  lands  under 
the  public  land  laws,  are  furnished  by  this  Office  for  the  use  only  of  claimants  personally,  and 
will  not  hereafter  be  supplied  by  you  to  attorneys,  clerks  of  courts,  notaries  public,  or  other 
officers  or  persons.  You  will  strictly  economize  the  use  of  blanks  now  on  hand  in  your  re. 
spective  offices,  in  accordance  with  these  instructions.  Sample  copies  may  be  furnished  for 
printing,  but  not  otherwise. 

Approved :  L.  Q.  C.  Lamar,  Secretary. 


Filing  of  Flat  of  Survey. 

TO    REGISTERS   AND    RECEIVERS.    OCTOBER    21,    1 885. 

Hereafter  when  an  approved  plat  of  the  survey  of  any  township  is  transmitted  to  you  by 
the  Surveyor  General,  you  will  not  regard  such  plat  as  officially  received  at  and  filed  in  your 
office  until  the  follovvmg  regulations  have  been  complied  with  : 

I.  You  will  forthwith  post  a  notice  in  a  conspicuous  place  in  your  office,  specifying  the  town- 
ship that  has  been  surveyed,  and  stating  that  the  plat  of  survey  will  be  filed  in  vour  office  on 
a  day  fixed  by  you  and  named  in  the  notice,  which  shall  be  not  less  than  30  days  from  the 
dale  of  such  notice,  and  that  on  and  after  such  day  you  will  be  prepared  to  receive  applica- 
tions for  the  entry  of  lands  in  such  township.  . 

2  You  will  also  send  a  copy  of  such  notice  to  the  postmasters  of  the  post  offices  nearest 
the  land,  and  a  copy  to  each  clerk  of  a  court  of  record  in  your  district,  with  the  request  that 
the  same  be  conspicuously  posted  in  their  respective  offices. 

3.  You  will  furnish  the  public  press  in  your  district  with  copies  of  such  notice  as  a  matter 
of  news. 

4.  You  will  give  such  further  publicity  of  the  matter  in  answer  to  inquiries  (for  which  you 
will  charge  no  fee)  and  otherwise  as  you  may  be  able  to  do  without  incurring  advertising 
expenses. 

Approved  October  22,  1885 :  L.  Q.  C.  Lamar,  Secretary. 


112U  ..  AMERICAN  SETT tER?SQW:IDE. 

Instructions  as  to  Applications,  Affidavits  and  Proof. 

TO  REGISTERS  AND  RECEIVERS  AND  OFFICERS  AUTHORIZED  TO  TAKE  AFFIDAVITS  AND 
PROOFS  IN  PUBLIC  LAND  CASES,  DECEMBER   1 5,   1 885. 

The  large  number  of  defective,  irregular  and  insufficient  proofs  presented  in  public  land 
cases,  and  the  looseness  with  which  attesting  officers,  particularly  others  than  Registers  and 
Receivers,  have  exercised  their  functions,  make  it  necessary  that  the  following  directions  be 
carfully  complied  with  : 

1.  In  cases  of  final  proofs  and  of  entry  applications  the  parties,  whether  applicants,  claim- 
ants or  witnesses,  must  be  properly  identified  before  you.  Attesting  officers  (including  Reg- 
isters and  Receivers)  must  certify  that  the  parties  appearing  are  personally  known  to  them, 
©r  that  their  identity  is  satisfactorily  established.  The  names  of  persons  vouching  to  identity 
must  be  stated.     Identifying  affidavits  should  be  required  in  all  cases  where  necessary. 

2.  Each  question  in  final  proofs  must  be  orally  asked  and  answered  in  the  presence  of  the 
attesting  officer.  Applications,  affidavits  and  final  proof  questions  must  be  thoroughly  ex- 
plained, so  that  there  can  be  no  possibility  that  the  parties  will  misunderstand  the  purport  of 
their  affidavits,  or  the  full  meaning  of  the  questions  asked,  or  the  effect  of  their  answers. 
Ready-made  proofs  presented  merely  for  pro  forma  acknowledgment,  without  verification, 
cross-examination  or  evidence  of  identity,  will  not  be  considered  such  proofs  as  are  required 
by  law. 

3.  Officers  taking  affidavits  and  proofs  must  test  the  accuracy  and  reliability  of  the  state- 
ments of  applicants  and  claimants,  and  the  credibility  and  means  of  information  of  witnesses, 
by  a  thorough  cross-examination.  Questions  and  answers  in  such  cross  examinations  will  be 
reduced  to  writing,  and  t^e  costs  thereof  included  in  the  costs  of  writing  out  the  proofs. 

4.  Cross-examinations  should  be  directed  to  a  verification  of  the  material  facts  in  the  case, 
and  especially  to  the  actual  facts  of  residence  and  other  requirements,  the  use  of  the  land  and 
purpose  of  the  entry,  and  whether  the  entry  is  made  or  sought  to  be  perfected  for  claimant's 
own  use  and  occupation,  or  for  the  use  and  benefit  of  others. 

5.  Registers  and  Receivers  and  other  officers  must  carefully  see  that  parties  and  witnesses 
are  swearing  to  actual  facts,  and  not  to  constructions  of  law  as  to  what  constitutes  facts.  This 
requirement  will  be  particularly  observed  in  respect  to  facts  of  alleged  residence. 

6.  Proofs  must  be  taken  on  the  day  and  before  the  officer  named  in  the  advertisement,  and 
at  his  office,  and  between  the  hours  of  eight  a.  m.,  and  six  p.  m.  Proof  taken  privately  or  in 
secret,  or  otheftwise  in  substance  irregularly,  will  not  be  accepted. 

7.  Proofs  must  in  all  cases  be  made  to  the  satisfaction  of  Registers  and  Receivers.  Proofs 
that  are  not  satisfactory  must  be  rejected.  Registers  and  Receivers  are  authorized  to  avail 
themselves  of  all  means  of  information  in  respect  to  the  validity  of  entries  and  the  interests  in 
which  they  are  made,  and  will  not  allow  entries  which  they  have  good  reason  to  believe  col- 
lusive, speculative,  or  otherwise  fraudulent. 

8.  Registers  and  Receivers  must  thoroughly  scrutinize  all  proofs  taken  before  officers  other 
than  themselves.  They  will  not  accept  proofs  so  taken  that  are  defective  or  insufficient,  and 
they  must  see  that  all  papers  are  complete  and  perfect  before  an  entry  is  allowed  or  the  pa- 
pers transmitted  to  this  office.     This  rule  will  be  imperatively  insisted  upon. 

9.  Registers  and  Receivers  will  promptly  call  to  the  attention  of  special  agents  and  report 
to  this  office,  all  cases  which  in  their  opinion  need  investigation. 

10.  Should  officers  (other  than  Registers  and  Receivers)  taking  affidavits  or  proofs  know 
or  have  occasion  to  suspect  the  existence  of  fraud  in  connection  with  any  case,  they  should 
at  once  report  ail  the  facts  to  the  Register  and  Receiver. 

11.  Officers  taking  affidavits  and  testimony  should  call  the  attention  of  parties  and  wit- 
nesses to  the  laws  respecting  false  swearing  and  the  penalties  therefor,  and  inform  them  of 
the  purpose  of  the  Government  to  hold  all  persons  to  a  strict  accountability  for  any  state- 
ments made  by  them. 

12.  In  no  case  are  papers  authorized  to  be  executed  in  blank.  Papers  so  signed  or  falsely 
authenticated  will  be  treated  as  fraudulent,  and  the  acts  of  an  officer  misusing  his  official  sig- 
nature and  seal  will  not  be  respected  by  this  office,  but  the  attention  of  the  proper  authorities 
will  be  called  to  his  misconduct. 

13.  Officers  taking  applications,  affidavits  or  final  proofs,  will  not  be  permitted  to  act  as 
attorneys  in  the  case. 

14.  Attorneys  at  latv  appearing  in  land  office  proceedings  at  local  offices  must  file  an  ap- 
pearance stating  specifically  whom  they  represent.  Attorneys  in  fact  must  file  the  written 
authority  of  their  principals. 

Approved  ;  L.  Q.  C.  Lamar,  Secretary. 


For  the  protection  of  entry-men,  you  should  see  to  it  that  newspaper  charges  do  not  ex- 
ceed the  rates  established  by  State  or  Territorial  laws  for  the  publication  of  legal  notices,  and 
report  to  this  office  should  any  infraction  of  this  order  occur. 

Approved :  L.  Q.  C  Lamar,  Se^srMar. 


CHAPTER    VII. 

WHERE  TO  SETTLE. 

The  question  "where  to  settle"  is  a  serious  one  to  the  emigrant.  The  suggestions  here 
offered  are  not  in  favor  of  any  particular  locality  or  community.  They  are  such  as  must  pre- 
sent themselves  to  every  person  who  will  give  the  subject  serious  consideration. 

The  wonderful  diversity  of  soil  and  climate,  society  and  facilities  for  the  several  industries 
presented  by  the  broad  expanse  of  our  country,  offers  to  every  man  a  congenial  location  and 
a  happy  home. 

The  advantages  of  migrating  in  companies  of  three  to  twenty  families  are  many.  An 
agent  can  be  chosen  to  examine  the  region  in  which  after  full  inquiry,  correspondence  and 
reading,  it  is  decided  to  settle.  Low  rates  can  be  obtained  for  outfit,  traveling  and  other  ex 
penses,  land  in  large  quantities  can  be  bought  cheap,  while  the  discomforts  of  going  upon 
government  lands  are  materially  lessened  when  friends  go  in  colonies. 

Starting  with  the  assumption  that  the  emigrant  is  industrious,  sober  and  intelligent,  the 
points  to  be  aimed  at  are — first  and  foremost,  health  and  bodily  comfort,  second,  mental  and 
moral  growth  ;  third,  financial  success  in  the  near  future. 

HEALTH  AND   BODILY  COMFORT. 

If  the  health  of  himself  and  family  is  goOd,  a  climate  like  the  one  he  is  leaving  should  b« 
sought  by  the  settler.  Run  no  risk  by  going  upon  the  lowland  when  accustomed  to  the  hills , 
to  a  humid  atmosphere  from  a  dry  bracing  one,  or  the  reverse. 

Consult  the  family  physician,  and  gain  all  information  possible  about  the  mean  annual 
temperature,  extremes  of  heat  and  cold,  the  amount  of  rainfall,  chills  and  fever,  etc.,  in  the 
region  decided  upon. 

On  the  other  hand,  a  change  of  climate  often  restores  physical  vigor.  Many  a  consump- 
tive from  bleak  New  England  has  discovered  fountains  of  health  in  the  south  and  southwest 

The  surroundings,  especially  the  state  of  society,  have  much  to  do  with  physical  comfort 
In  a  turbulent,  irreligious  community,  where  crime  goes  unpunished  and  tlie  criminal  is  some- 
what of  a  hero,  a  peace-loving  family  will  be  in  a  constan:  state  of  worry,  that  must  eventu- 
ally afi'ect  their  general  health.     Let  such  regions  be  avoided  as  a  pest-house  is  shunned. 

Political  troubles  prevent  immigration,  as  they  aid  emigration  or  an  exodus.  No  community 
that  deprives  any  honest  citizen  of  his  political  rights  can  expect  to  secure  an  intelligent  class 
of  immigrants,  and  may  expect  to  lose  those  who  are  disfranchised.  The  enterprising  among 
them  will  find  homes  amidst  a  wiser  people,  and  let  the  office-holders  collect  their  salaries 
from  waste  land  if  they  can.  There  is  no  truer  axiom  than  that  in  any  neighborhood  each 
man's  gain  is  everybody's  gain  and  each  man's  loss  is  everybody's  loss. 

MENTAL   AND   MORAL   GROWTH. 

Seek  a  State  or  Territory  whose  officials  appreciate  churches  and  schools ;  where  taxpayers 
perceive  the  fact  that  every  dollar  spent  on  education  and  religion  is  a  saving  of  two  dollars 
on  the  jail  and  penitentiary,  where  newspapers  are  numerous  and  libraries  have  been  started, 
and  literary,  temperance  and  other  societies  are  encouraged  by  the  leading  citizens.  In 
sparsely  settled  regions  in  the  Territories  where  society  is  not  fully  organized,  much  cannot 
be  expected  in  the  matter  of  education  and  religion,  but  the  tone  and  sentiments  of  th« 
people  may  be  taken  as  a  sure  index  of  the  future. 

8  in 


J14  THE  AMERICAN   SETTLER'S  GUIDE. 

FINANCIAL  SUCCESS. 

Tlie  settler  must  determine  the  kind  of  business  he  will  pursue,  then  seek  a  locality  l)est 
adapted  to  carrying  it  on.  Farming  is  the  most  common  and  safest  occupation  in  a  new 
country.  If  he  would  make  a  specialty  of  live  stock,  fruit  culture,  wheat  raising,  or  aught 
else,  let  the  farmer  consider  all  that  tends  to  success. 

Railroad  facilities,  river  and  lake  transportation,  and  nearness  to  markets,  must  be  looked 
to ;  also  the  fence  and  oj;her  real  estate  laws,  State  and  county  debts,  and  the  laws  relative  to 
municipal  indebtedness,  rates  of  taxation,  character  of  officials,  etc.;  whether  the  school 
houses,  churches  and  public  buildings  are  already  erected,  and  society  fully  organized. 
Homestead  exemptions,  cost  of  living  and  of  building  materials,  nearness  to  stores,  mills,  etc., 
abundant  water  supply,  Indians,  droughts,  grasshoppers,  potato  bugs,  and  everything  else  that 
can  affect  his  success,  should  receive  due  attention. 

Land  near  a  railroad  at  $5,00  an  acre,  is  cheaper  than  land  at  5i'25  several  miles  from 
transportation.  Do  not  buy  too  much  land  simply  because  it  is  cheap.  One  hundred  and 
sixty  acres  are  all  an  ordinary  man  can  attend  to  properly,  and  taxes  on  a  large  farm  balance 
considerable  profit. 

Other  things  being  equal,  choose  a  settlement  near  mines  and  manufactures,  or  rapid  streams 
likely  to  be  used  for  manufactures;  near  the  junction  of  rivers  or  valleys,  where  a  valley 
crosses  a  river  or  ends  at  a  lake. 

Such  locations  always  secure  good  markets  for  farm  produce,  and  rapidly  advance  the 
price  of  land,  becoming  centres  of  business  and  sites  for  future  cities. 

The  title  which  a  settler  acquires  to  lands  in  this  country  is  in  fe/:  simple.  It  is  not  a  lease 
for  any  term  of  years,  but  perpetual  ownership,  whether  he  buys  of  the  general  Government, 
State,  or  corporation.  The  land  becomes  his  property,  to  hold  during  life,  and  transmit  to  his 
heirs,  or  he  may  sell  it  at  will.  There  is  no  landlord,  no  rent  to  pay,  nor  are  any  church  rates 
exacted.     He  is  himself  lord  of  the  manor,  and  peer  of  his  fellow-citizens  of  all  classes. 

ADDRESSES.  (») 

For  the  information  of  settlers  the  following  addresses  are  appended : 

1.  A  list  of  the  United  States  land  officials. 

2.  A  list  of  State  land  and  immigration  officers  and  agents. 

3.  A  list  of  railroad  land  commissioners  and  agents. 


THE  AMERICAN  SETTLER'S  GUIDE. 

LIST     I. 

United  States  Land  Officers. 


GENERAL  LAND  OFFICE. 

Commissioner  :  W.  A.  J.  Sparks. 
A.'isist.  Commissioner :  S.  M.  Siockslager. 
Chief  Clerk:  William  Walker. 

U.  S.  SURVEYORS-GENERAL. 
Name.  Address. 

John  Hise Tuscon,  Arizona. 

Wm.  H.,  Brown San  Francisco,  Cal. 

iames  A.".  Dawson Denver,  Col. 
laris  Taylor Huron,  Dakota. 

Wm.  D.  Bloxhan .Tallahassee,  Florida. 

James  C.  Staughan Boise  City,  Idaho. 

James  Lewis New  Orleaas,  Louisiana. 

Martin  S.  Chandler St.  Paul,  Minnesota, 

Benj.  H.  Greene Helena,  Montana. 

J.  F.  Gardner Plattsmouth,  Nebraska, 

C.  C.  Powning Reno,  Nevada. 

G.  W.  Julian Sente  Fe,  New  Mexico. 

James  C.  Tolman Portland,  Oregon. 

Richmond  S.  Dement Salt  Lake  City,  Utah. 

Wm.  McMicken  Olympia,  Washington. 

John  Charles  Thompson. .  .C.Heyenne,  Wyoming. 
UNITED  STATES  LAND  OFFICES. 

ALAB.\MA. 

Location.  Register.  Receiver. 

Huntsville....Wm.  C.Wells Wm.  H.  Tancre. 

Montgomery.  .A.  G.  Harris W.  C.  Jordan. 

ARIZONA. 

Prescott Thomas  Wing Chester  Thomas. 

Tucson B.  M.  Thomas.  ...IX  H. Wallace. 

ARKANSAS.  ■ 

Camden W.  K.  Ramsey.... John  R.  Thornton. 

Dardanelle A.  G.  Leming Zenas  L.  Wise. 

Harrison Henry  C.  Tipton.. .A.  L.  King. 

Little  Rock...  R.  V.  Yeakle A.  J.  Quindley. 

CALIFORNIA. 

Bodie Davd  Walker  .....M.  J.  Cody. 

Humboldt C.  F.  Roberts Solomon  Cooper. 

Los  Angeles  ..J.  D.  Bethune J.  W.  Haverstick. 

MaFysville....John  C.  Bradley..  .Thos.  J.  Sherwood. 
Sacramento...  Ed  ward  F.  Taylor. C.  F.  Gardner. 
San  Francisco. Wm.  R.  Wheaton.  .John  W.  Leiah. 

Shasta... Sylvester  Hu!l.....W.  H.  Bickford. 

Stockton Geo.  A.  McKenzie.J.  E.  Budd. 

Susan ville....W.  P.  Hall... F.  G.  Ward. 

Visalia J.  If.  Hyde '...T.  H.  Bell. 

COLORADO. 

Centre  City..  .Richard  Harvey ..  .E.  W.  Henderson. 

Del  Norie....S.  C.  Williams Charles  A.  Coryell. 

Denver Ixiuis  Dougal James  I^IcC.  Ellis. 

Durango D.  L.  Sheets W.  S.  Hicko.x. 

GlenwoodSps.J.  L.  Hodges....  ..J.  W.  Ross. 

Gunnison.   ...J.  J.Thomxs F.J.  L-onard. 

Lake  City....D.  S.  Hoffman. ..  ..Ch.xs.  D.  Peck. 

Leadville J.  R.  De  Renner...E.  L.  Salisbury. 

Pueblo.  ...'...Wm.  Bayard J.  K.  Kilbourn. 

DAKOTA. 

Aberdeen N.  H.  Harris B.  E.  Hutchinson. 

Bismarck John  A.  Rea Neil  Gilmour, 

Deaiiwood. ..  .James  P.  Luse JohnJ^nfabre. 

Devils  Lake.. Henry  W.  Lord. ...A.  O.  Whipple. 

Fargo Horace  Austin E.  C.  Geary. 

Grand  Forks.  .B.  C.  Tiffany. , . .  .*. W.  J.  Anderson. 

Huron J.  S.  McFariand. .  .Ezra  W.  Wilson. 

Mitchell Geo.  B.  Everiit T.  F.  Singiser. 

Watertown.  ..M.  M.  Sheafe DownerT.  Bramble. 

Yankton G.  A.  Wetter J.  G.  Chandler. 

FLORIDA. 

Gainesville L.  A.  Barnes John  F.  Rollins. 

IDAHO. 

Boise  City. . .  .H.  Pefley H.  C.  Branstetter. 

CcEurd'  Alene.R.  C.  McFariand.  .J.  F.  Legale. 

Hailey H.  L.  Pound. J.  S.  Waters. 

Lewistown P.  H.  Winston,  Jr. .Arthur  J.  Shaw. 

O.xiord F.  W.  Beane John  Montgomery. 

IOWA. 

Des  Moines ...  F.  G.  Clarke M.  D.  McHenry. 


KANSAS. 

Concordia S.  H.  Dodge Thcs.  Wrong. 

Garden  City  .  .C.  F.  M.  Miles S.  1  hanhauser. 

Independence. C.  M.  Ralsten H.  W.  Ycung. 

Kirwin ^.John  Bissel R.  R.  Havs. 

Lamed W.  R.  Brownlee.  ..H.  M.  Bic'kell. 

Oberlin A.  L.  Patchin T.  A.  Scott. 

Salina John  M.  Hodge H.  S.  Cunningham. 

Topeka John  J.  Fisher C.  Spaulding. 

Wa  Keeney...B.  J.  F.  Hanna....W.  H.  Pilkenton. 
Wichita Frank  Dale S.  L.  Gilbert. 

LOUISIANA. 

Natchitoches.. W.  E.  Rusell A.  E.  Lemee. 

New  Orleans. T.  J.  Butler J.  Ma&sie  Martin. 

MICHIGAN. 

Detroit Wm.  Foxen L.  G.  Wilcox. 

East  Saginaw.  Chas.  Doughty....  Geo.  B.Brooks. 

Marquette V.  B.  Cochran M.  H.  Mavnard. 

Reed  City. ...Nathaniel  Clark... .W.  H.  C.  MitchelL 

MINNESOTA. 

Benson Darwin  S.  Hall....Heman  W.  Stone. 

Crookston.  ...Wm.  Smith Lars  K.  Aaker. 

Duluth Ralph  N.  Marble.  .E.  G.  Swanstrom. 

Fergus  Falls.. L.  L.  Anne T.  F.  Coning. 

Redwood  Falls  Wm.  P.  ChristensenAndrew  Railson. 

St.  Cloud D.  H.  Freeman.... C.  F.  McDon.ild. 

Taylor's  Falls. L.  K.  Stannard.... Peter  H.  Stolbere. 

Tracy G.  W.  Warner P.   K.  Wiser. 

Worthington.  .Mons  Grinager August  Peterson. 

MISSISSIPPI. 

Jackson J.  D.  Stewart W.  McLaurin. 

MISSOURI. 

Boonville Gustave  Reiche John  J.  Hoge. 

Ironton James  H.  Chase W.  R.  Edgar. 

Springfield Geo.  A.  C.  WooUey .James  Dumars. 

MONTANA. 

Bozeman O.  P.  Chi5holm....John  T.  Carlin, 

Helena S.  W.   Langhome..H.  S.  Howell. 

Miles  City. . .  .Washington  Berry.. A.  Hall. 

NEBRASKA. 

Beatrice Hugh  J.  Dobbs Joseph  Hill. 

Bloomington..S.  W.  Switzer T.  W.  Tipton. 

Grand  Island. .J.  G.  Higgins Wm.  Anyan. 

Lincoln Chas.  W.  Pierce. ..H.  D.  Root. 

McCook Gilbert  L.  Laws Chas.  F.  Babcock, 

Neligh Edwards.  Butler..  W.  B.  Lambert. 

Niobrara Minor  W.  Bruce Sanford  Parker. 

North  Platte.. William  Neviiie Oliver  Shannon. 

Valentine S.  F.  Burtch Samuel'G.  Glover 

NEVADA. 

Carson  City... Chas.  A.  Witherall.  S.  C.  Wright 
Eureka F.  H.  Hinckley...  .Wm.  O.  MiUs. 

NEW    MEXICO. 

Las  Cruces E.G.  Shields Tames  Brown. 

Saute  Fe Chas.  F.  Easley. . .  .Lei^h  O.  Knapp. 

OREGON. 

Lake  View...  .Warren  Truitt W.  M.  Townsend. 

La  Grande Henry  Rinehart John  T.  Outhouse. 

Oregon  City..L.  T.  Barin J.  G.  Piisbury. 

Roseburg W.  F.  Benjamin A.  C.  Jones. 

The   Dalles... F.  A.  McDonald... CalebN.Thornburg. 

UTAH. 

Salt  Lake  City. David  Webb H.  C.Wallace. 

WASHINGTON. 

Olympia John  F.  Gowey. . .  .James  R.  Hayden. 

Spokane  Falls.) .  M.  Adams John  L.  Wilson. 

Vancouver. .. .  nV.  S.  Austin J.  O.  Keane. 

Walla  Walla.  .C.  H.  Warner James  Braden. 

NorthYakima. James  H.  Tnomas..L.  S.  Howlctt. 

WISCONSIN. 

Bayfield A.  K.  Osborn Lloyd  T.  Boyd. 

Elau  Claire.  ...Emmett  Horan S.  S.  Kepler. 

Falls  St.  CroixMichael  Field A.  A.  Heald# 

La  Cross John  B.  Webb O.  C.  Hals. 

Menasha Geo.  W.  Fay Jas.  H.  Jones. 

Wausau S.  E.  Thayer E.  B.  Saunders. 

WYOMING. 

Cheyenne Edgar  S.  Wilson. ..Wm.  M.  Garrard. 

Evanston C.  H.  Priest Wm.  T.  Shaffer. 


Ii6 


THE  AMERICAN  SETTLER'S  GUIDE. 


LIST    II. 

State  Land  Officers  and  Immigration  Agents. 


ALABAMA. 
J.  J.  Alston,  Immigration  Commissioner,  Tuscaloosa, 

Ala. 
Charles  Smallwood  and  Otto  Cullman,  Assistant  Com- 
missioners  Cullman,  Ala. 

ARIZONA. 
Patrick    Hamilton,   Territorial    Immigration    Agent, 
Prescott,  Arizona. 

ARKANSAS. 
W.  A.  Webber,  President  State  Immigration  Society, 

Little  Rock,  Ark. 
W.  J.  Murphy,  Secretary  ditto. 
D.  W.  ' 


Ark. 


Lear,  Commissioner  State  Lands,  Little  Rock, 


CALIFORNIA. 

J.  W.  Shanklin,  State  Surveyor-General  and  Register 
of  State  Land  Office,  Sacramento,  California. 

J.  H.  C.  Bonte,  Secretary  Board  of  Regents,  Berkeley, 
Alameda  County,  Cal. 

J.  Ham  Harris,  Land  Agent  of  University,  San  Fran- 
cisco, P.  O.  box  2040. 

Immigration  Association  of  California,  A.  R.  Briggs, 
President,  J,  A.  Johnson,  Secretary,  C.  H.  Street, 
Land  Officer,  Sacramento,  Cal. 
FLORIDA. 

C.  L.  Mitchell,  Commissioner  of  Lands  and  Immigra- 
tion,Tallahassee,  Florida. 

County  Immigration  Agents. 

Alachua  county— B.  W.  Powell,  Micanopy. 

Brevard  county— H.  S.  Williams,  Rock  Ledge. 

♦Columbia  county — Wm.  M.  Ives,  Lake  City, 

Dade  County — J.  W.  Ewan,  Miami. 

Franklin  county— O.  H.  Kelley,  Rio  Carrabelle. 

Hernando  county — Fred.  L.  Robinson,  Brooksville, 

Hillsboro  county— W.  C.  Brown,  Tampa. 

•Leon  county  |  Col.  John  Bradford,  |  Tallahassee. 

Levy  county — W.  H.  Sebring,  Bronson. 
Manatee  county — John  G.  Webb,  Sarasota. 
Monroe  county— CuUen  B.  Seals,  Fort  Myers. 
*Orange  county — R.  G.  Robinson,  Zellwood. 
Polk  county — Col.  John  Snoddy,  Bartow. 
Putnam  county — C.  V.  Hutchins,  Lake  Como. 
Sumpter  county — A.  P.  Roberts,  Leesburg. 
„  ,     .  ,     f  F.  C.  Austin,  Enterprise. 

Volusiacounty  I  jyi   g   Roife/New  Smyrna. 

Those  marked  *  have  pamphlets  for  free  distribution 
on  receipt  of  three-cent  stamp. 

KANSAS. 
E.  P.  McCabe,  Register  of  State  Lands,  Topcka.  Kan. 
J.  A.  Haughawout,  Agent  University  Lands,  Neosho 

Falls,  Kansas. 
Van  R.  Holmes,  Agent  State  Normal  School  Lands, 

Emporium,  Kansas. 
John  B.  Gifford,  Agent  Agricultural   College  Lands, 

Manhattan,  Kansas. 
Joshua  Wheeler,  President,  and  Wm.  Sims,  Secretary, 

State  Board  of  Agriculture.     In  charge  of  Immigra- 
tion, Topeka,  Kansas. 

LOUISIANA. 
Wm.  H.  Harris,  State  Commissioner  of  Immigration, 

New  Orleans,  Louisiana. 
T.  J.  Bird,  Commissioner  of  Agriculture,  Baton  Rouge, 

Louisiana.  « 

MICHIGAN. 
Miner  S.  Newell,  Commissioner  of  State  Land  Office, 

Lansing,  Mich. 

MINNESOTA. 

W.  W.  Braden,  State  Land  Commissioner,  St.  Paul, 

Minn. 
H.  H.  Young,  Secretary  Board  of  Immigration,  St. 

Paul,  Minn. 
W.  P.  Jewett,  State  Land  Agent,  St.  Paul,  Minn. 

MISSISSIPPI. 
John   M.    Sniylie,  Commissioner    of  Swamp   Lands, 

Jackson,  Miss. 
E.  G.  Wall,  Commissioner  of  Immigration,  Jackson, 

Miss. 


MISSOURI 

Robert  McCulloch,  Register  of  State  Lands,  JeflFerson 
City,  Mo. 

Andrew  McKinley,  Superintendent  State  Board  of  Im- 
migration, Sixth  andJLocust  sts.,  St.  Louis,  Mo. 

MONTANA. 

Yellowstone  Land  and  Colonization  Co.,  Nelson  C. 
Lawrence,  Agent,  Glendive,  Montana. 

NEBRASKA. 

J.  S.  Scott,  State  Land  Commissioner,  Lincoln,  Ne- 
braska. 

Waterloo  Immigration  and  Improvement  Association, 
R.  H.  Huddleston,  President,  W.  H.  Clark,  Secre- 
tary, Waterloo,  Nebraska. 

NEVADA. 

C.  S.  Preble,  Surveyor-General  and  Register  of  Sute 

Land  Office,  Carson  City,  Nevada. 
M.  D.  Noteware,  Deputy  Register,  ditto. 
George  T.  Gorman,  State  Land  Agent  and  Attorney, 

Washington,  D.  C. 

NEW  MEXICO. 

TERRITORIAL  BUREAU  OF  IMMIGRATION. 

Officers. 

W.  G.  Ritch,  President. 
Mariano  S.  Otero,  Vice-President. 
L.  Spiegelberg,  Treasurer. 
Jno.  H.  Thomson,  Secretary. 

Members  at  Large. 
Lionel  A.  Sheldon,Governor,  ex-officio,  Santa  Fe,N.M, 
Mariano  S.  Otero,  Bernalillo, 
Wm.  G.  Ritch,  Santa  Fe. 
Trinidad  Romero,  Las  Vegas. 
Tranquilina  Luna,  Los  Lunas. 
Lehman'Spiegelberg,  Santa  Fe. 
Chas.  W.  Greene,  Sante  Fe. 
Nicolas  Pino,  Galisteo. 
G.  W.  Stoneroad,  Cabra  Springs. 

By  Counties. 
Bernalillo  county— Wm.  C.  Hazledine,  Albuquerque. 
Colfax  county — Thomas  M.  Michaels,  Springer. 
Dona  Alia  county — Albert  J.  Fountain,  MesiUa. 
Grant  county — Martin  ^V'.  Bremen,  "Silver  City. 
Lincoln  county — James  J.  Dolan,  Lincoln. 
Mora  county — William  Kroenig,  Watrous. 
Rio  Arriba  county — Samuel  Eldodt,  San  Juan. 
San  Miguel  county— G.  W.  Prichard,  Las  Vegas. 
Sante  Fe  coanty— Thos.  F.  Conway,  Sante  Fe. 
Socorro  county— Michael  Fischer,  Socorro. 
Taos  county— Theodore  C.  Camp,  Fernandez  de  Tao«. 
Valencia  county— Maunel  Rito  Otero,  Peralta. 

OREGON. 

E.  P.  McComack,  Clerk  of  Board  of  Commissioners 
for  sale  of  State  Lands,  Salem,  Oregon. 

D.  B.  Rees,  Register  of  State  Lands,  La  Grande, 
Oregon. 

Captain  John  Mullan,  State  Land  Agent  and  Attorney, 
Washington,  D.  C. 

C.  B.  Carlisle,  Secretary  State  Board  of  Immigration, 
Portland,  Oregon. 

TEXAS. 

W.  C.  Walsh,  Commissioner  of  the  General  Land  Of- 
fice, Austin,  Texas. 

WISCONSIN. 

C.  F.  Fricke,  Chief  Clerk  Commissioners  of  the  Public 
Lands.  Madison,  Wis.  ,     ,        ,       c 

J.  A.  Becher,  President,  and  J.  St.  Koslowsky,  Secre- 
tary, State  Board  of  Immigration,  Milwaukee,  Wis, 


WYOMING. 


None  reported 


THE  AMERICAN  SETTLER'S  GUIDE. 


117 


LIST     III. 
Railroad  Land  Commissioners  and  Agents. 


ALABAMA. 

MCBILB  AND  MONTGOMERY  RAILROAD  COMPANY. 

W.  J.  Van  Kirk,  Land  Commissioner,  Pcnsacola,  Fla. 

TRUSTEES. 

John  Swann,  Montgomery,  Ala. 
John  A.  Billups,  CarrolUon,  Ala. 

ALABAMA  GREAT  SOUTHERN  RAILROAD  COMPANY. 

Frank  Y.  Anderson,  General  Land  Agent,  Birmingham, 
Ala. 

LOCAL  LAND  AGENTS. 

S.  E.  Dobbs,  Fort  Payne,  Ala. 
W.  H.  Dobbs,  Valley  Head,  Ala. 
E,  A.  Crandall,  SpringviUe,  Ala. 
S.  S.  Lanier,  Birmingham,  Ala, 
Tames  L.  Nail,  McCalla.  Ala. 
John  Howard,  Tuskaloosa,  Ala. 
M.  Donoho,  Tuskaloosa,  Ala. 
A.  S.  Hamilton,  Cottondale,  Ala. 

LOUISVILLB  AND  NASHVILLE   RAILROAD  COMPANY. 

John  G.  Cullman,  )    Land    Commissioners,    Cullman, 

Otto  Cullman,        i       Ala.  _ 

R.  W.  A.  Wilda,  General  Land  Agent,  Bimungham, 

Ala.  ,       .   ^ 

Wm.  Richard,  Collecting  Agent  Land  Department, 
Cullman,  Ala. 

LOCAL  LAND  AGENTS. 

W,  F.  Smith,  Birmingham,  Ala. 
G.  A.  Nelson,  Decatur,  Ala. 
W.  H.  Foshee,  Clanton,  Ala. 
John  P.  Willoughby,  Blount  Springs,  Ala. 
W.  A.  Boger,  Hartselle,  Ala. 
Louis  G.  Kirschner,  Garden  City,  Ala. 
W.  J.  Van  Kirk,  Pcnsacola,  Fla. 
ARIZONA. 
None  reported. 

ARKANSAS. 

ST.  LOUIS,  IRON  MOUNTAIN  AND  SOUTHER*!  RAILWAY 
COMPANY. 

Thomas  Essex,  Land  Commissioner,  Little  Rock,  Ark. 

LOCAL  LAND  AGENTS. 

T.  T.  Allison,  Austin,  Ark. 
P.  L.  Barker,  Judsonia,  Ark. 
R.  L.  Powers,  Prescott,  Ark. 
C.  E.  Bramble,  Texarkana,  Ark. 
J.  P.  Mellard,  Hot  Springs,  .\rk. 
W.  N.  Slack.  Alexander,  Ark. 
E.  N.  RoyaU,  BoydsviUe,  Ark. 
A,  M.  Crow,  Arkadelphia,  Ark. 
S.  P.  HoUoway,  Powhatan,  Ark. 
T.  T.  Henderson,  Newport,  Ark. 
Wm.  Kilpatrick,  Malvern,  Ark. 
Richard  Jackson,  Gainesville,  Ark. 

LITTLE  ROCK  AND   FORT  SMITH  RAILWAY  COMPANY. 

T.  M.  Gibson,  Land  Commissioner,  Little  Rock,  Ark. 
Agents  not  reported. 

CALIFORNIA. 

CENTRAL  PACIFIC  RAILROAD  COMPANY. 

William  H.  Mills,  Land  Commissioner. 

C.  I.  Torbet,  Deputy  Land  Commissioner,  Fourth  and 

lownsend  Sts.,  San  Francisco. 
Has  no  Land  Agents. 

SOUTHERN  PACIFIC  RAILROAD  COMPANY. 

Jerome  Madden,  Land  Agent,  Fourth  and  Townsend 

Sts.,  San  Francisco. 
Has  no  Local  Agents. 

COLORADO. 
None  reported. 

DAKOTA. 

ST.  PAUL,  MINNEAPOLIS  AND  MANITOBA  RAILWAY 
COMPANY. 

James  B.  Power,  Land  Commissioner,  St.  Paul,  Minn. 


NOKTHERN  PACIFIC  RAILROAD  COMPANY. 

Chas.  B.Lambom,  Land  Commissioner,  St.  Paul,  Minn. 
Has  no  Local  Agents. 

CHICAGO  AND  NORTH\\-ESTBRN  RAILROAD  COMPANY. 

Chas.  E.  Simmons,  Land  Commissioner,  Chicago,  IlL 
H.  M.  Burchard,  General  Agent,  Marshall,  Minn. 

FLORIDA. 
None  reported. 

IDAHO. 

NORTHERN   PACIFIC    RAILROAD  COMPANY 

Chas.  B.  Lamborn,  St.  Paul,  Minn. 
ILLINOIS. 

ILLINOIS  CENTRAL  RAILROAD  COMPANY 

P.  Daggy,    Land   Commissioner,    Room   36,   No.    78 

Michigan  Avenue,  Chicago,  Ills. 
Has  no  Local  Agents. 

IOWA. 

SIOUX  CITY  AND  PACIFIC  RAILROAD  COMPANY. 

C.  M.  Lawler,  Superintendent,  Missouri  Valley,  Iowa. 

LOCAL  LAND  AGENTS. 

J.  D.  Brown,  Missouri  Valley,  Iowa. 
S.  P.  Demmon,  Whiting,  Iowa. 
J.  G.  Gilchrist,  Modale.  Iowa. 

D.  W.  Gahagan,  Mondamin,  Iowa, 

E.  W,  Ross,  River  Sioux,  Iowa. 
D.  C.  Davis,  Blencoe,  Iowa. 

J.  W.  Coria,  Onawa,  Iowa. 

A.  P.  Snyder,  Sloan,  Iowa. 
M.  C.  Brown,  Salix,  Iowa. 

J.  L.  Righter,  Sergeant's  Bluff,  Iowa. 
J.  W.  Rudy,  Sioux  City,  Iowa. 

CHICAGO,  ROCK  ISLAJiD  It  PACIFIC  RAILROAD  COMPANY. 

J.  L.  Drew,  Land  Commissioner,  Davenport,  Iowa. 

CHICAGO,  BtmUNGTON,  fc  QUINCY  RAILROAD  COMPANY. 

W.W.  Baldwin,  Land  Commissioner,  Burlington,  Iowa. 

IOWA  RAILROAD  LAND  COMPANY. 

H.  V.  Ferguson,  Land  Commissioner,  Cedar  Rapids, 
Iowa. 

KANSAS. 

mnov  PACIFIC  railway  compaky 

(Kansas  Division.) 

B.  McAllaster,  Land  Commissioner,  Kansas  City,  Mo. 

LOCAL   LAND  AGENTS. 

L.  R.  Elliott,  Manhattan,  Kansas, 

A.  E.  Agrelius,  Lindsborg,  Kan. 
J.  A.  Foster,  Marquette,  Kan.  . 
W.  T.  Nicholas,  Lyons,  Kan. 

J.  A.  Wiggin,  Ellsworth,  Kan. 
J.  M.  Fultz,  Little  River,  Kan. 
J.  T.  McKittrick,  Wilson,  Kan. 
J.  B.  Corbett,  Bunker  Hill,  Kan. 
H.  A.  Ellis,  Russell,  Kan.- 
J.  D.  Ronstadt,  EUinwood,  Kan. 

C.  M.  Smith,  Great  Bend,  Kan. 

B.  Brungart,  Victoria,  Kan. 
Dan'l  Griest,  Ellis,  Kan. 
Bael&  Dryer,  Grainfield,  Kan. 
Jehu  Stanley,  Topsey,  Kan. 

M.  Macomber,  Dry  Creek,  Kan. 
N.  F.  Greene,  Junction  City,  Kan. 
A.  M.  Claflin,  Salina,  Kan. 

D.  G.  Denton,  Brookvilie,  Kan. 
S.  McGee,  Delhi,  Kan. 

Farm  &  Investment  Co.,  Russell,  Kan. 

L.  Judd,  Hayes  City,  Kan. 

J.  A.  Nelson,  Wakeeney,  Kan. 

Charles  Peterson,  CoUyer,  Kan. 

H.  S.  Day,  Parkerville,  Kan. 

W.  L.  Fuller,  Walker,  Kan. 

C.  R.  Scranton,  La  Crosse,  Kan. 

ATCHISON,  TOPBKA  AND  SANTE  FB  RAILROAD  COMPANY. 

A.  S.  Johnson,  Land  Commissioner,  Topeka,  Kan. 


»  Circulars  were  sent  to  all  land  grant  railroad  companies,  with  the  request  to  send  the  names  and  addresses 
of  their  land  commissioners  and  agents.  Any  desired  changes  or  additions  to  this  list  will  be  gladlv  made  tof 
future  editions. 


[iS 


THE  AMERICAN  SETTLER'S  GUIDE. 


LOCAL  LAND  AGENTS. 

Brown  &  Bigger,  Hutchinson,  Kan. 
D.  S.  Dill,  Nickcrson,  Kan. 
J.  H.  Ricksccker,  Sterling,  Kan. 
J.  Masemore,  Rayinoiui,  Kan. 
F.  A.  Steckel,  KHinwood,  Kan. 
D.  N.  Heizer,  Great  l>end,  Kan. 
Frank  B.  Smith,  Rush  Centre,  Kan. 
John  Lindas,  I'awnee  Rock,  Kant 
vVadsworth  &  Edwards,  Uirned,  Kan. 

D.  B.  Wolcott,  Garfield,  Kan. 

E.  P.  Ott,  Kinslev,  Kan. 
E.  P.  Ott,  OfTerle,  Kan. 
Gilbert  l^ros.,  Spearcville,  Kan. 
Gilbert  Bros.,  Dodge  Citjr,  Kan'. 
J.  Q.  Shoiip,  Cimarron,  Kan. 

J.  R.  Holmes  &  Co.,  Garden  Citv,  Kan. 
S.  S.  Ott,  Field  Agent,  Topcka,  Kan. 

KANSAS  CITY,  LAWUENCE   AND   SOUTHERN   KANSAS 
RAILWAY  COMPANY. 

A.  S.  Johnson,  Land  Commissioner,  Topeka,  Kan. 

MISSOURI,  KANSAS  AND  TEXAS  RAILWAY  COMPANY. 

A.  M.  Sommcrs,  Land  Commissioner,  Emporia,  Kan. 

LOCAL  LAND  AGENTS. 

C.  H.  Pratt,  Humboldt,  Kan. 

W.  J.  Haughawout,  Neosho  Falls,  Kan. 

Geo.  A.  Bowlus,  lola,  Kan. 

C.  P.  Walker.  Colony,  Kan. 
E.  S.  Hunt,  Garnett,  Kan. 
Geo.  W.  Her,  Garnett,  Kan. 
Lane  &  Kent,  Burlington,  Kan. 
Smythe  &  FocTcele,  Leroy.  Kan. 
Holmes  fc  Ilolden, Emporia.  Kan. 
R.  li.  Shepherd,  Nhadison,  Kan. 

T.  W.  McWilliams,  Cottonwood  Falls,  Kan. 

vV.  M.  Tomlinson,  Elmdale,  Kan. 

A.  B.  S.alisbury,  Marion  Center,  Kan. 

^V.  J.  Cameron,  Eldorado,  Kan. 

Ritchie  &  Piovine,  Council  Grove,  Kan, 

H.  S.  Day,  Parkerville,  Kan. 

R.  D.  Adams,  Camden,  Kan. 

W.  R.  Bigham,  White  City,  Kan. 

N.  F.  Greene,  Junction  City,  Kan. 

A.  C.  Pierce,  Junction  City.  Kan. 

L.  R.   Elliott,  Manh.ittan,  Kan. 

S.  H.  Fairfield,  Alma,  Kan. 

Pierce  &  Mahan,  Alma.  Kan. 

Henry  Rickcl,  Eskridge,  Kan. 

E.  H.  Sanford,  Eskridge,  K.an. 
Allen  Wilson,  Clay  Center,  Kan. 

F.  W.  Sturges,  Concordia,  Kan. 
T.  C.  Henry,  Abilene,  Kan. 

E.  Ruiledgc,  Vates  Centre,  Kan. 
Stinebaugh  &.  liarnett,  Ottawa,  Kan. 
Watson  &  'Ihrapp,  Topcka,  Kan. 

G.  E.  Wiihington,  .Mien,  Kan. 
L.  J.  Hawkins,  Chanuie,  Kan. 

G.  W.  Hutchinson,  Kansas  City,  Mo. 
Joseph  H.  Green,  Sedalia,  Mo. 
Isaac  Newkirk,  Kansas  City,  Mo. 
S.  M.  Kno.v,  Princeton,  111. 
J.  P.  Scott,  Polo,  III. 
1.  F.  Walden,  La  Prairie,  111. 
W.  L.  Heath  &  Co.,  Newton,  lU. 
W.  Scott  Agney,  Freeport,  111.  ■ 

D.  C.  Veirs,  Urbana,  111. 

T.  M.  Walker,  Bloomiugton,  111. 
Charles  Snoad,  52  Clark  St.,  Chicago,  111. 
Douville  8:  Giesman,  Manistee,  Mich. 
J.  T.  Small,  Lewiston,  Maine. 

E.  G.  Darnall,  Lebanon,  Ind. 
Fletcher  White,  Springfield,  Ohio. 
S.  G.  Hatfield,  Tiuikhannock,  Pa. 
J.  H.  Ryan,  Peru,  Ind. 

E.  A.  Wood,  Sabula,  Iowa. 


LOUISIANA. 
MICHIGAN. 


None  reported. 

None  reported. 

MINNESOTA. 

NORTHEKN  r.\f:iFIC  RAILROAD  COMPANnr, 

Chas.  B.  Lamborn.Land  Commissioner,  St.  Paul,  Minn. 
Has  no  Local  A^t-iiz^. 


None  reported. 


MISSISSIPPL 
MISSOURI. 


ST.  LOUIS,  IRON   MOUNTAIN    AND    SOUTHERN    RAILIRAV 
COMPANY. 

F.  E.  Roesler,  Land  and  Immigration  Agent. 

LOCAL  LAND  AGENTS. 

J.  M.  Cooper,  Morel y,  Mo. 

M.  H.  A.  Atkins,  Poplar  Bluff,  Mo. 

HANNIBAL  AND  ST.  JOSEPH  RAILWAY  COMPANT. 

Geo.  N.  Mills,  Land  Commissioner,  Hannibal,  M». 

LOCAL  LAND  AGENTS. 

H.  H.  Winchell,  Palmyra,  Mo. 
W.  F.  Blackburn,  Hunnewell,  Mo. 
J.  Wm.  Towson.  Shelbina,  Mo. 
A.  J.  Higbee,  Clarence,  Mo. 
W.  G.  Walker,  Macon.  Mo. 
Jno.  O.  Jones,  New  Cambria,  Mo. 
Geo.  W.  Martin,  Brook  field.  Mo. 
H.  Black,  Meadville,  Mo. 
Chas.  H.  Mansur,  Chillicothc,  Mo. 
Jno.  ']".  Bottom,  Breckenridge,  Mo. 
Cro.sby  Johnson,  Hamilton,  Mo. 
Thos.E.  Turney,  Cameron,  Mo. 
T.  O.  Daniels,  Laihrop,  Mo. 
Robert  W.  Nicholson,  Osborn,  Mo. 
O.  G.  McDonald,  Stewartsville,  Mo. 
L.  D.  Pollock,  Turney,  Mo. 

GENERAL  TRAVELING  AGENT. 

Geo.  N.  Mills,  Hannibal,  Mo. 

MONTANA. 

NORTHERN  PACIFIC  RAILROAD  COMPANt. 

(Montana  Division.) 

M.  E.  Stone,  Land  Commissioner,  Helena,  Moutaaa. 

NEBR.\SKA. 

UNION  PACIFIC  RAILROAD  COMPANT. 

Leavitt  Burnham,  Land  Commissioner,  Omaha,  N<fc. 

LOCAL  LAND  AGENTS. 

Geo.  W.  E.  Dorsey,  Fremont,  Neb. 

Sumner  Bros.,  Schuyler,  Neb. 

S.  C.  Smith,  Columbus,  Nel> 

Speice  &  North,  Columbus,  Neb. 

Henry  Beardsley,  Clark's,  Neb. 

N.  R.  Persinger,  Central  City,  Neb. 

Thummel  &  Pl.att,  Grand  Island.  Neb. 

Geo.  D.  Hetzel,  Grand  I>land,  Neb. 

J.  H.  Roe,  Kearnev  Junction,  Neb. 

J.  H.  MacColl,  Plumb  Creek,  Neb. 

A.  B.  Fuller,  Ashland,  Neb. 

J.  B.  Davis,  Wahoo.  Neb. 

Wm.  M.  Bunting,  David  City,  Neb. 

J.  H.  Mickey,  Osceola,  Neb. 

F.  K.  Atkins,  York,  Neb. 

W.  H.  Streeter,  .Aurora,  Neb. 

A.  H.  Cramer,  Hastings,  Neb. 

Paul  Bros.,  St.  Paul,  Neb. 

L.  Hallgren,  Phelps  Centre,  Neb. 

SIOUX  CITY  AND  PACIFIC   RAILROAD  COMPAKT. 

C.  M.  Lawlcr,  Superintendent,  Missouri  Valley,  low* 

LOCAL  LAND  AGENTS. 

Geo.  Foster,  Blair.  Neb. 
H.  D.  Dodendorf,  Bell  Creek,  Neb. 
H.  Bowerman,  Kennard,  Neb. 
F.  A.  Harmon,  Fremont,  Neb. 

FREMONT,   ELKHORN    *    MISSOURI    VALLEY    RAILROA* 
COMPANY. 

C.  M.  Lawler,  General  Superintendent,  Missottri  Vi^ 

ley,  Iowa. 
F.  A.  Harmon,  Fremont,  Neb. 
T.  L.  Kennedy,  Nickerson,  Neb. 
John  McKeage,  Hooper,  Neb. 
T.  F.  Brower,  Scribner.  Neb. 
H.  L.  Cornwell.Crowell,  Neb. 
W.  H.  Broach,  West  Point,  Neb. 
L.  B.  Coman,  Wisa  r.  N-h. 


THE  AMERICAN  SETTLER'S  GUIDE. 


119 


H.  A.  Phelps,  Pilger.  Neb. 

C.  E.  Wilbur,  Stanton,  Neb. 

S.  L.  Kinnan,  Norfolk  Junction,  Neb. 

J.  L.  Avery.  liaitle  Creek,  Neb. 

W.  G.  Bentlev,  Burnett,  Neb. 

C.  Vj.  Joy,  Oa'kdale,  Neb. 

G.  W.  Uhr,  Neleigh,  Neb. 

F.  R.  Haldcmat),  Clearwater,  Neb. 

Finley  Lyon,  Ewing,  Neb. 

J.  H.  Mecklinc:,  Innian,  Neb. 

C.  W.  Cook,  O'Neill,  Neb. 
L.  C.  Sweet,  Atkinson,  Neb. 
E.  Yule.  Stu.irc,  Neb. 

E.  A.  Nash,  Da.s.sett,  Neb. 

J.  P.  Uarnh.-tn,  I-ong  Pine,  Neb. 

O.  B.  Rippcy,  Ain.svvorth,  Neb. 

D.  S.  H.irt,  Johnstown.  Neb. 
Frank  Balliiiger,  Thacher.  Neb. 
R.  L.  A Iberison,  Valentine,  Neb. 

S.  L.  Kinnan,  Norfolk  Junction,  Neb. 
S.  L.  Kinnan,  Norfolk,  Neb. 
L.  1'.  Lewis,  Pierce,  Neb. 

E.  N.  Simons,  Plainview,  Neb. 
R.  M.  Peyton,  Creighton,  Neb. 

DURLINT.TON   k   MISSOUKI    KIVER   RAILROAD   COMPAN-Y. 

J.  D.  McFarland,  Land  Commissioner,  Lincoln,  Neb. 

NEVADA. 
Noiis  Reported. 

NE\V  MEXICO. 
None  reported. 

OREGON. 

NORTHERN  PACIFIC  RAILWAY  COMPANY. 

Chas.  B.  Lamborn,  Land  Commissioner ,'St.  Paul,  Minn. 
Has  no  Local  Agents. 


TEXAS. 
None  reported. 

WASHINGTON. 

NORTHERN  PACIFIC  RAILROAD  COMPANY. 

Chas.   B.   Lamborn,   Land    Commissioner,    St.  Paul 

Minn. 
Has  no  Local  Agents. 

WISCONSIN. 

CHICAGO,  MILWAUKEE  AND  ST.  PAUL  RAILWAY 
COMPANY. 

H.  G.  Haugan,  Land  Commissioner,  Milwaukee,  Wis. 
Has  no  Local  Agents. 

CHICAGO,   ST.  PAUL,    MINNEAPOLIS   AND    OMAHA    RAIL- 
WAV  COMPANY. 

Wm.  H.  Phipps,  Land  Commissioner,  Hudson,  Wis. 

WISCONSIN   CENTRAL   RAILWAY  COMPANY. 

Charles    L.  Colby,  Land  Commissioner,  Milwaukee. 
Wis. 

LOCAL  LAND  AGENTS. 

W.  H.  Bartell,  Colby,  Wis. 

E.  L.  Swarthout,  Dorchester,  Wis. 

A.  J.  Perkins,  Medford,  Wis. 

G.  Karpe,  Butternut,  Wis. 

Brucker,  LudloflTS:  Co.,  Phillips,  WTs. 

A.  D.  Lunt,  Phillips,  Wis. 

D-  G.  Sampson,  Ashland,  Wis. 


None  reported. 
None  reported. 


WYOMING. 


UTA>i. 


IMPORTANT    SUGGESTION    TO    SETTLERS. 

In  view  of  the  numerous  changes  in  the  land  service,  it  is  more  than  probable  that  the 
newly  appointed  officials,  while  actuated  by  the  best  of  motives,  will  make  some  erroneous 
rulings.  The  land  system  is  so  complicated  that  even  experienced  officials  make  mistakes 
occasionally.  One  of  these  erroneous  rulings  may  deprive  a  settler  of  land  that  will,  in  a  few 
years,  be  worth  thousands  of  dollars.  Hence  the  importance  of  submitting  the  question  in- 
volved to  some  disinterested  land  law  specialist. 

In  writing,  state  all  the  facts,  especially  give  dates,  and  an  opinion  will  be  promptly 
returned.     Enclose  a  small  fee  in  all  letters  of  inquiry. 

Address,  HENRY  N.  COPP,  Washington.  D.  C. 


Scrip  tliat  ^vill  Xake  UnofiTered  Sunreyed  I^and. 

SOLDIERS'  ADDITIONAL  HOMESTEAD  CERTIFICATES.  These  Certificates 
were  given  to  Soldiers,  Sailors,  their  widows  and  minor  children  who  had  made  homestead 
entries  prior  to  June  22,  1874,  of  less  than  160  acres.  In  such  cases,  on  proper  applications  in 
due  time,  certificates  were  issued  for  the  difference  in  area  between  the  original  homesteads 
and  160  acres.  Thus  a  soldier  homesteaded  135  acres  in  187 1.  A  certificate  would  be  issued 
by  the  Commissioner  of  the  General  Land  Office  for  25  acres  (160-135)  ^^  ^^^  case.  Certifi- 
cates for  2  and  3  acres  and  upwards  are  to  be  had,  but  the  majority  were  issued  for  40,  80  and 
120  acres.  The  selling  price  is  now  about  $13.00  an  acre  for  80  and  120  acre  pieces,  and 
$16.00  an  acre  for  40  acre  pieces. 

This  kind  of  Scrip  is  used  by  means  of  two  powers  of  attorney,  one  to  enter  the  land  under 
the  Soldiers'  Homestead  Law  at  some  local  land  office,  and  the  other  to  sell  the  land  after  it 
has  been  entered. 

This  Scrip  will  take  any  surveyed  unofifered  single  and  double  minimum  public  land 
which  is  subject  to  homestead  entry.  Any  Certificate  between  20  and  40  acres  will  take  40 
acres  by  paying  for  the  difference  in  cash ;  the  same  is  true  of  Certificates  between  60  and  80 
acres,  100  and  120  acres.  Certificates  for  less  than  20  acres  will  take  any  fractional  lot  not  to 
exceed  double  the  area  named  in  the  Certificate. 

DODGE  SCRIP.— This  Scrip  is  issued  under  the  Act  of  Congress  of  June  15,  1880,  for 
the  relief  of  the  heirs  of  Israel  Dodge.  It  is  in  40  acre  pieces  and  is  assignable.  No  power 
is  used.  Patent  issues  in  the  name  of  the  assignee.  This  Scrip  cannot  take  double  minimum 
land.  It  takes  other  surveyed  unofifered  land  that  is  subject  to  pre-emption  or  homestead 
entry.     The  market  price  is  about  $15.00  an  acre  at  present. 

PORTERFIELD  SCRIP.— This  Scrip  is  issued  in  40  acre  pieces  under  the  Act  of 
Congress  of  April  ii,  i860,  for  the  relief  of  the  legal  representatives  of  Robert  Porterfield. 
It  is  located  upon  surveyed,  unofifered,  minimum  land.  Its  peculiar  featured  are  that  accord- 
ing to  decisions  of  the  land  department  it  can  take  land  within  the  limits  of  an  incorporated 
town  or  city,  and  also  improved  land  not  otherwise  legally  appropriated ;  consequently  the  price 
is  very  high,  about  $100  an  acre.     It  is  assignable,  and  patent  issues  in  name  of  the  assignee. 

PRIVATE  ACT  SCRIPS.— There  are  several  Scrips  on  the  market  under  private  Acts 
of  Congress,  varying  in  quantity  from  40  to  640  acres,  that  sell  for  about  the  same  prices  as 
Soldiers'  Additionals. 

Scrip  tliat  will  Xake  UiisurTCjed    I^and. 

VALENTINE  SCRIP.— This  Scrip  was  issued  under  the  Act  of  Congress  of  April  5, 
1872,  and  the  Decrees  of  Court  thereunder,  to  Thomas  B.  Valentine.  It  takes  unoccupied, 
unappropriated,  surveyed  or  unsurveyed,  offered  or  unoffered  public  land  open  for  settlement. 
It  is  in  40  acre  pieces  and  assignable.     It  is  now  quoted  at  $40  an  acre. 

SIOUX  HALF  BREED  SCRIP.— This  Scrip  comes  in  40,  80,  and  160  acre  pieces, 
and  is  equal  in  value  to  Valentine  Scrip,  except  in  the  matter  of  transfer  of  title.  Like  Sol- 
diers' Additionals,  two  powers  of  attorney  are  necessary,  and  there  is  required,  in  addition, 
satisfactory  evidence  of  improvements  on  the  land,  placed  there  by  the  Indian  or  his  agent. 
This  Indian  Scrip  is  quoted  at  $20  to  $25  an  acre. 


In  locating  any  of  the  above  S*.  no  settlement  or  residence  is  required,  and  there  is  no 
limit  to  the  quantity  one  person  may  use.  The  right  attaches  at  once  on  filing  the  Scrip,  and 
transfers  of  title  for  Town  Sites  or  other  purposes  may  be  made  without  delay. 

Mineral  Lands,  as  such,  in  the  mining  regions  West  of  the  Mississippi,  cannot  be  entered 
■with  any  of  the  above  Scrip,  except  in  those  States  where  mineral  lands  may  be  entered  under 
the  laws  for  the  disposal  of  agricultural  lands. 

Address.       .  HENRY  K.  COPP,  Washington,  D.  C. 


o» 


14  DAY  USE 

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General  Library 

University  of  California 

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YC  2676 


